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Tag Archives: English courts

Legal advice privilege in England and the “closest connection” test

This blog post was first published on the Practical Law arbitration blog. English-seated arbitral tribunals have a great degree of flexibility in determining the applicable rules of privilege. Pursuant to sections 34(1) and 34(2)(d) of the Arbitration Act 1996 (“AA 1996“): “It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter”, including “whether any and if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage.”

UK Supreme Court to consider anti-suit injunctions

The UK Supreme Court hearing in the case of Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP begins in London on 1 May 2013. The Supreme Court will consider whether the English courts have jurisdiction to grant an anti-suit injunction preventing one party from bringing foreign proceedings against another in circumstances where the parties had entered into an arbitration agreement which refers all disputes to arbitration in England, but where no such arbitration was as yet even intended or in prospect. The parties in this case entered into