West Tankers v Allianz Spa and others

13 March 2012

Legal Briefing

[2012] EWCA Civ 27

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Did the court have power under section 66 of the Arbitration Act 1996 to direct that judgment be entered in terms of a negative declaratory award i.e. that the successful party had no legal liability to the other in respect of the subject matter of the arbitration?

01 February 2015

Mediation: is it ever reasonable to decline a request to mediate?

Jeremy Glover looks at the question - Mediation: is it ever reasonable to decline a request to mediate?

Articles and Papers

26 min read

12 July 2014

What can you do if a Responding Party in an arbitration refuses to pay its share of the Advance on Costs?

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.

International Quarterly Issue 9

10 min read

09 November 2012

Mediation: an update

We look at some of the latest case law involving projects ranging from a hydroelectric generating plant in Brazil, to the meaning of repairing covenants of underleases relating to three floors of a building in London.

Annual Review Fenwick Elliott Annual Review 2012/2013

10 min read