In a rare consideration of an investment treaty award, the High Court broadly interpreted the meaning of 'investor' and 'investment' in the bilateral investment treaty between the governments of South Korea and Iran. The decision is also interesting in its comment that the question of attribution is not a jurisdictional issue.
The Court of Appeal recently considered whether service of formal court documentation on a state party was a necessary requirement when seeking to enforce an arbitral award against it or whether service could be dispensed with in certain circumstances. The significant judgment will have implications for cases in which it may be very difficult to enact service of enforcement proceedings on a state through diplomatic channels.
The Court of Appeal has partly upheld, and partly dismissed, an injunction granted by the High Court to restrain an arbitration seated in Lebanon. In so doing, the Court of Appeal has confirmed the English court's power to grant anti-arbitration injunctions pursuant to Section 37(1) of the Senior Courts Act 1981 in respect of a foreign-seated arbitration where the dispute does not fall within the scope of the arbitration agreement and the proceedings are, or would therefore be, vexatious and oppressive.
The High Court recently granted an application for the adjournment of an arbitral award, pending the outcome of a challenge before the Paris Court of Appeal by a non-party to the arbitration agreement. The case provides a cautionary tale of the delays and additional costs that may be incurred if claimants fail to consider careful compliance with provisions on variations during the term of a contract and (at the outset of a dispute) which parties should be named as defendants.
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.