International Quarterly archive

Issue 39, 2024

This issue focuses on updates and reforms across the global legal landscape, looking first at the latest update to the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration. We then look at a recent judgment which demonstrated the US Courts’ pro-arbitration and pro-enforcement stance, followed by reviewing an English High Court ruling that set aside a fabricated £70 million award where no arbitration agreement existed and no arbitration had taken place. The issue concludes with a consideration of a recent UK Supreme Court judgment which looked at the compensatory principle and the principle of mitigation.

The links to these articles are below

Update: the IBA Rules on Conflicts of Interest in International Arbitration 2024

US Court of Appeals upholds decision of the District Court to enforce Micula award against Romania

English High Court sets aside fabricated £70 million arbitration award

Mitigation, the compensatory principle and the law of damages: Sharp Corp Ltd v Viterra BV [2024] UKSC 14

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Issue 38, 2024

This issue focuses on updates and reforms across the global legal landscape, looking first at parallel building safety approaches in the UK and New Zealand as well as the respective stances on the recovery of costs and losses. We then turn to a review of full disclosure in arbitration, followed by a closer look at apparent bias and applications to remove arbitrators, with both articles referring to Halliburton v Chubb from 2020. The issue concludes with a summary of this year’s Vis Moot simulated court proceedings, which took place this March in Vienna.

The links to these articles are below

A Tale of Two Countries: reflections on cladding and fire safety issues in the United Kingdom and “leaky building” issues in New Zealand

Full disclosure – what do we really need to know?

Apparent bias and applications to remove arbitrators

The Procedural Issues of the Vis Moot: addition of a new claim and consolidation under the ICC Rules

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Issue 37, 2024

In this issue of IQ, we take a detailed look at the development of the right to terminate for convenience under the FIDIC Red, Yellow and Silver Books. We also review a judgment in which the court rejected claims of forum non conveniens, setting a precedent for future disputes containing DIFC-LCIA clauses. Our final two articles both look at different sections of the Arbitration Act 1996. The first considers a recent ruling that demonstrated the high standard that challenges under the Act’s section 68 must meet in order to succeed. The second covers the Law Commission’s recent decision not to recommend any reform of section 69 of the Act and compares this to the position in Italy.

The links to these articles are below

The developing right to terminate for convenience under FIDIC

Case Summary: Baker Hughes v Dynamic Industries

The English High Court sets aside multibillion-dollar arbitral award against the Republic of Nigeria

Appeals on a point of law: striking the right balance between finality of arbitral awards and judicial supervision

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Issue 36, 2023

This issue focuses on updates and reforms across the legal landscape, looking first at the new Civil Transactions Law for the Kingdom of Saudi Arabia, second at recent publications from the ICC Commission on Arbitration and ADR and third at proposed reforms to the Arbitration Act 1996 in England and Wales. We also review a recent UK Supreme Court Case in which the court allowed an appeal against a decision staying court proceedings under section 9 of the Arbitration Act 1996.