International Quarterly archive

Issue 19, 2016

This edition focuses on a number of issues relevant to international arbitration.

The links to these articles are below

Recovery of Third-Party Funding Costs in Arbitration [1]

No general organising principle of good faith in English law: the Court of Appeal’s decision in MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789 [2]

Bribery in International Construction [3]

The Letter of Intent – a binding contract? [4]

Contractual Pre-Conditions to Arbitration in England and the UAE [5]

Enforcement of foreign judgments: location, approbation, reprobation [6]

PDF logo download (PDF 2MB) Issue 19 of International Quarterly [7]

Issue 18, 2016

This edition focuses on a number of issues relevant to international arbitration. SIAC, in Singapore, released its new arbitration rules on 1 July 2016, whilst a recent English case arising out of a contract to paint submarines looks at the incorporation of arbitration agreements. We also focus on an important DIFC decision which makes positive reading for those interested in enforcing foreign judgments in Dubai. Finally we include a timely reminder on the growing emphasis across the globe, on ensuring that corruption and bribery are eliminated.

The links to these articles are below or you can PDF logo click to download (PDF 7.3MB) Issue 18 of International Quarterly [8]

Issue 18 articles

The incorporation of arbitration agreements [9]

The jurisdiction of the arbitral tribunals [10]

SIAC announces updated Arbitration Rules and new Investor-State Arbitration Rules [11]

DNB Bank v Eyadah: jurisdiction of the DIFC courts [12]

Complacency costs when it comes to anti-bribery legislation [13]

Issue 17, 2016

This edition updates us on a recent legal case that has been important for international arbitration, as it is the common law test for apparent bias and highlights the weaknesses of the 2014 edition of the IBA Guidelines. Jeremy Glover poses the question of whether notice clauses are always fair and reasonable, Sana Mahmud discusses LCIA Costs and duration data and Philip Barnes looks at a recent case concerning the secretive nature of “offshore companies” and the opaque nature of the financial position of one BVI incorporated company that came before the English Court of Appeal.

The links to these articles are below or you can PDF logo click to download (PDF 450KB) Issue 17 of International Quarterly [14]

Issue 17 articles

Are notice clauses always fair and reasonable? [15]

LCIA Costs and duration data [16]

Conflict of interest – apparent bias of arbitrator – IBA Guidelines [17]

Security for costs and off-shore companies [18]

Issue 16, 2015

This edition updates us on recent legal and commercial developments in construction and energy sectors around the world. Simon Tolson asks when can you terminate if a contractor is in delay and Jeremy Glover looks at the differing approaches to liquidated damages in the UAE and UK. Next Martin Ewen reviews how the Court of Appeal challenged the award at the seat of arbitration after allowing enforcement of an arbitration award on the ground for excessive delay, and finally, Jonathan More gives an update on ISIS and the relevant legal implications that may arise during construction in the region including force majeure.
The links to these articles are below or you can PDF logo click to download (PDF 1.5MB) Issue 16 of International Quarterly [19]

Issue 16 articles

If a contractor is in delay, when can you terminate? [20]

Liquidated damages: the differing approaches in the UAE and the UK [21]

English Court of Appeal allows enforcement of an arbitration award on the grounds of excessive delay in the court proceedings challenging the award at the seat of arbitration [22]

ISIS Update: Force Majeure and Frustration [23]