It’s unusual for English courts to set aside an arbitral award, but the Commercial Court did just that in the recent case of A v B  EWHC 3417 (Comm). It warned parties entering arbitration not to assume a single arbitration will cover disputes between the same parties under multiple contracts. Two issues came up: whether a single request for LCIA arbitration would include disputes under separate contracts; and what timings the respondent would have to abide by to challenge an arbitration request. The dispute A buyer and seller
Gerald Metals SA V The Trustees of the Timis Trust & others  EWHC 2327 Summary In an important recent decision on the intersection between emergency arbitrator provisions and applications to court for interim relief, the English High Court held that it was only entitled to provide interim relief to a party to an arbitration agreement where either an emergency arbitrator or an expeditiously formed tribunal were unable to provide the requested relief. The court also held that there was no substantive distinction between the various tests for interim relief
The LCIA has issued three guidance notes on arbitrations under its rules. The notes, which are available on the LCIA website, contain guidance for arbitrators, guidance for parties and their representatives, and guidance on emergency procedures, respectively. The guidance notes will be particularly useful for those with little or no experience of arbitrating under the LCIA Rules, and/or the emergency procedures provided for under those rules (namely expedited formation of the Tribunal and the emergency arbitrator procedure introduced in the 2014 version of the Rules). The Notes for Arbitrators cover
As discussed in our previous post, despite emergency arbitrator procedures becoming increasingly common in institutional arbitration rules, the uptake of the various emergency arbitrator procedures that have been introduced to date has been limited. Since then, the revised LCIA Rules have been published, which (as noted in our post) provide for the appointment of an emergency arbitrator, whilst also retaining the option of applying for the expedited formation of the arbitral tribunal. This confirms that the option of seeking relief from an emergency arbitrator is increasingly expected to be available.
The London Court of International Arbitration has completed the process of revising its arbitration rules (which we previously discussed in March 2014) and has published the final revised rules on its website. The new rules will take effect from 1 October 2014. The LCIA has stated that the Rules will “ensure an effective, efficient and fair process” and that they “modernise and improve upon the existing version, reinforcing the LCIA as one of the world’s leading providers of efficient international arbitration services”. In general, the amendments have sought to bring
The London Court of International Arbitration has published a “final draft” of its revised arbitration rules on its website. The aim is for the draft rules to be discussed at the LCIA Court meeting at Tylney Hall on 9 May 2014. If approved, the revisions will come into force shortly afterwards. The main thrust of the proposed changes is to improve procedural efficiency by reducing the scope for abuse of process and by modernising provisions which were last updated in 1998. Features of the new Rules likely to be of