International arbitration

PDVSA Servicios SA v Clyde & Co LLP [2020] EWHC 2819 (Ch) David Allen QC and Michael Ryan successfully appeared in PDVSA Servicios SA v Clyde & Co LLP, a High Court commercial fraud dispute concerning US$330 million held in a solicitors’ escrow account in London. The Claimant, PDVSA – the state oil company of […]

Herculito Maritime Limited and others v Gunvor International BV and others [2020] EWHC 3318 (Comm) During a voyage from St Petersburg to Singapore with a cargo of 69,493.28 metric tons of fuel oil, MV POLAR was seized by Somali pirates while she was transiting a designated ‘High Risk Area’ in the Gulf of Aden off […]

Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 The Supreme Court has this morning handed down judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, which is set to become the leading authority on the governing law of arbitration agreements and the role of […]

[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]

Stephen Hofmeyr QC appeared on behalf of the appellants in this matter on an appeal from a decision of Teare J removing an arbitrator pursuant to section 24 of the Arbitration Act 1996 on the ground that he was not qualified to act. The dispute concerned the construction of clause 15.5 of the Joint Excess […]

Jessica Sutherland, Marcus Mander and Sushma Ananda have been appointed to the panel of arbitrators for the Lloyd’s Arbitration Scheme, Tiers 1 and 2.

[2017] EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial.  In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]

English High Court boost for Hong Kong arbitration Robert Bright QC succeeded in an arbitration claim on a fixture note providing: “Arbitration: Arbitration to be held in Hong Kong. English law to be applied,” as well as incorporating Gencon 1994. The issue was whether the Arbitration Act 1996 applied, either because the arbitration itself was […]

[2013] EWHC 4071 (Comm) Jurisdiction challenge to arbitration award, applicable law, sale of goods (steel)

Sale of metallurgical coke; guarantee; alleged serious irregularity; section 68 of the Arbitration Act 1996.

Swallowfalls Ltd v Monaco Yachting & Technologies and another References: [2012] EWHC 2057 (Comm), [2012] EWHC 3616 (Comm) and [2013] EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]

Charles Priday acted in this successful appeal against arbitration award dismissing claims under a chain of charters.  Raised issues of interpretation of awards.

Charles Priday acted in this successful claim for detention of vessel ANDRA in St Petersburg as a result of unjustified US$ 2 million claim for cargo damage.

Charles Priday acted as Counsel successfully in resisting appeal against arbitration award, raising important issues on (1) off-hire under time charters (2) serious irregularity under Arbitration Act 1996 (3) interest claims under Late Payment of Commercial Debts (Interest) Act 1998.

David Bailey QC, Marcus Mander and Elizabeth Lindesay acted for Owners in the latest instalment of the Front Comor case, in which Flaux J. allowed an appeal by Owners from an arbitration award in respect of Owners’ claim against Italian Insurers for equitable damages for breach of the obligation to arbitrate. As is well-known, in […]

Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34. David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants […]

Jonathan Gaisman Q.C., Andrew Wales and Josephine Higgs recently appeared in the Commercial Court in B v S which decided that the Scott v Avery provision in the FOSFA 54 arbitration clause prevents a claimant in arbitration from applying to the Court for a freezing injunction.

[2010] 2 Lloyd’s Rep 345   Simon Picken Q.C. led Josephine Higgs in an application under section 12 of the Arbitration Act 1969 and an appeal under section 69 in relation to a FOSFA arbitration.

[2010] EWHC 442 (Comm) Peter MacDonald Eggers acted in this matter with Gavin Kealey Q.C. sitting as Deputy High Court Judge (challenges to maritime arbitration award for irregularity and permission to appeal).

[2008] 1 Lloyd’s Rep. Plus 1 Simon Picken Q.C. led Josephine Higgs in a claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC.