Hawley v Luminar Leisure Plc

Olivia Liang and Oliver Weisemann review how the court treated responses to Force Majeure events in the context of a sanctioned party.

Failure by a party to pay its share of an advance on arbitration costs may amount to a breach of the arbitration agreement, but it will not necessarily be repudiatory. Where the applicable arbitral rules provide mechanisms to allow the arbitration to proceed, non‑payment alone is unlikely to render the arbitration agreement inoperative.