United Kingdom, Clifford Chance updates

Arbitration & ADR

Contributed by Clifford Chance
Court grants third party access to confidential arbitration documents for disciplinary proceedings against arbitrator
  • United Kingdom
  • 30 May 2019

A recent High Court decision concerning access to confidential documents illustrates the limits to the implied duty of confidentiality arising out of arbitration proceedings in English law. While the court was supportive of the general principle that arbitration proceedings are to be treated as confidential, it also demonstrated its willingness to depart from this general principle should one of the identified exceptions apply.

Court upholds tribunal's jurisdiction over settlement agreement lacking express arbitration clause
  • United Kingdom
  • 11 April 2019

The High Court recently found that a tribunal had jurisdiction over a dispute that arose from a settlement agreement lacking an express arbitration clause. The decision serves as a reminder of the delays and additional costs that may be incurred if an agreement is unclear as to the applicable dispute resolution mechanism. Parties can reduce the risks of such delays and costs by including an express dispute resolution clause in settlement agreements.

Enforcement of arbitral award against sovereign state requires service through diplomatic channels
  • United Kingdom
  • 07 March 2019

The High Court recently considered whether service of formal court documentation on a state party is a necessary requirement when seeking to enforce an arbitral award against it or whether service can be dispensed with. The courts' unique approach to disputes involving state defendants is shaped not only by the applicable statutes, such as the State Immunity Act 1978, but also by the diplomatic considerations that feature prominently in investor-state cases.

High Court considers summary dismissal of serious irregularity challenges to arbitral awards
  • United Kingdom
  • 31 January 2019

The High Court recently examined the process for the summary dismissal of a challenge to an arbitral award on the grounds of serious irregularity. Mr Justice Males held that the purpose of oral hearings on summary dismissal is to determine only whether there is a real prospect of the challenge succeeding. Going beyond that would frustrate the objective of the summary dismissal mechanism.

State consent to arbitrate and waiver of immunity determined by clear wording of arbitration agreement
  • United Kingdom
  • 11 October 2018

The High Court recently examined an application by Ukraine to set aside an enforcement award following a disputed arbitration award. The case highlights the importance of ensuring that any agreement being entered into with a state party contains carefully drafted arbitration provisions and appropriately worded waiver of immunity language to ensure that the dispute resolution regime is fit for purpose.

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