English Commercial High Court: Does the Football Association Rules operate as an arbitration agreement between the Agent of the Player and the Football Club

  In the case of Mercato Sports (Uk) Limited & Mark Mckay v. The Everton Football Club Company Limited, [2018] EWHC 1567 (Ch), the English Commercial High Court dealt with an interesting issue of whether or not an intermediary between the football club and the football player could be bound by an arbitration provision contained…

English Commercial High Court (QB): Correct approach for interpreting arbitration clause is interpreting it in its “ordinary and natural meaning” with business common-sense and reasonableness

  In the case of Perkins Engines Company Limited v. Mohammed Ghaddar and Ghaddar Machinery Co. S.A.L [2018] EWHC 1500 (Comm), the English Commercial High Court heard an application to grant an interim negative anti-suit injunction in respect of proceedings commenced by Defendants against Claimant in Lebanon which as per Claimant were commenced in breach…

English Commercial High Court (QB): How the court should proceed when an application for similar relief can be made to arbitrators; Whether a court in one European member state can grant an injunction to restrain proceedings brought in breach of an arbitration clause in another member state?

  In the case of Nori Holdings Ltd. v. Public Joint-Stock Company (Bank Otkritie Financial Corporation) [2018] EWHC 1343 (Comm), the English Commercial High Court addressed the following issues: How the court should proceed when an application for similar relief can be made to arbitrators; Whether such an injunction can or should be granted to…

English Commercial High Court (QB) issued an anti-arbitration injunction against Lebanon seated arbitration in ‘exceptional circumstances’

  In the case of Sana Hassib Sabbagh v. Wael Said Khoury and Ors. [2018] EWHC 1330 (Comm), the English Commercial High Court has issued an anti-arbitration injunction against Lebanon seated arbitration on the particular facts of the case. The case analysis follows: Factual Matrix Dispute arose between Claimant (Sana) and Defendants (Brothers of Sana…

English Commercial High Court (QB): Court’s intervention in challenge against the award on the ground of serious irregularity and substantial injustice

In Grindrod Shipping Pte Ltd. v Hyundai Merchant Marine Co. Ltd., [2018] EWHC 1284 (Comm), an application was made under Section 68 of the English Arbitration Act (the Act) to challenge the Award of a London Maritime Arbitration Association (LMAA) tribunal. In that award, the tribunal exercised its power under Section 41(3) of the Act…

English Commercial High Court (QB): Can the courts of Pakistan have concurrent supervisory jurisdiction if the seat of the Arbitration is England?

  In IPP’s v National Transmission and Despatch Company Limited [2018] EWHC 1052 (Comm), the English Commercial High Court while dealing with the question of whether or not the courts of Pakistan will have concurrent supervisory jurisdiction if the seat of the Arbitration is England granted a final anti-suit injunction restraining the Pakistani entity on…

English Commercial High Court (QB): Criteria to appeal for errors of law committed by the Tribunal; Correct approach to the reading of awards; Reliance v Union of India

In the case of Reliance Industries Limited & BG Exploration And Production India Limited v. The Union of India [2018] EWHC 822 (Comm), the English High Court was approached under Section 67 (Challenging the award: substantive jurisdiction), 68 (Challenging the award: serious irregularity), & 69 (Appeal on point of law) of the English Arbitration Act,…

English Commercial High Court (QB): Registration of Foreign Judgment under the Foreign Judgments (Reciprocal Enforcement) Act 1933 in the United Kingdom; Battle between Vijay Mallya and the State-owned Indian banks

  In State-owned Indian banks and JM Financial Asset Reconstruction Co. Pvt. Ltd vs Vijay Mallya [2018] EWHC 1084 (Comm), the English High Court, QB’s division addressed the issue of whether or not to set aside the registration order (“Registration Order”) registering a judgment of the Bangalore Debt Recovery Tribunal (“the DRT”) in favour of…