Practitioners and stakeholders in the arbitration community have welcomed the long-awaited Arbitration Act 2025, which has now received Royal Assent, marking the most significant update to English arbitration law in nearly three decades. This milestone concludes a years-long process initiated by the Law Commission’s 2023 recommendations and underscores the UK government’s commitment to maintaining London as an arbitration hub.
International Arbitration
French Supreme Court on Track to Annul a US$15 Billion Award against Malaysia
By Ilona Trouyet on
On November 6, 2024, the French Supreme Court rejected the enforcement of an interim award on jurisdiction in the legal saga opposing Malaysia to the heirs of the Sultan of Sulu and spanning several jurisdictions. The Supreme Court ruled that the arbitration clause in an 1878 agreement – and on the basis of which a US$15 billion award has since been issued against Malaysia – is null and void. This decision will presumably lead the French Supreme Court to annul the US$15 billion award itself next.
Reform of the English Arbitration Act 1996: The Arbitration Bill in its New Form
By Alexis L. Namdar & Dorothy Murray on
We are keeping an eye on the progress of the reform of the English Arbitration Act 1996. The Arbitration Bill, first introduced in November 2023, was designed to update the Arbitration Act 1996 and reinforce England’s position as an attractive forum for international arbitration.
As noted in our most recent blog in this series, the bill was shelved when the 2024 English general election was called. However, in July 2024, the new Labour government reintroduced the bill and it resumes its journey through the UK parliament (tracker). The bill is currently in the upper house of the UK parliament, after which it will be introduced to the lower house for further debate, scrutiny and approval – if both houses agree. Given the support the bill has garnered to date, is likely to pass during the current legislative session (in late 2024 or early 2025).
Become An Expert in Experts: A Practical Client Guide To Working With Experts In International Arbitration, Part 2
By Dorothy Murray & Julia Bihary on
In the first part of this article, we discussed why we need experts in international arbitration, how to find the right expert to instruct, and some practical guidance on how to work with experts for the best results. In this second part of the series, we consider what expert reports should cover, the ins-and-outs of expert meetings and some practical tips and tricks for oral testimony.
Become An Expert In Experts: A Practical Client Guide To Working With Experts In International Arbitration, Part 1
By Julia Bihary & Dorothy Murray on
Experts can make or break a case. In this two-part article, we consider how to get the best results at trial looking at the why, the who and the how of working with experts.
A Setback And An Opportunity: The Halted Progress Of The English Arbitration Act 1996 Reform
By Alexis L. Namdar on
Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to the Act since its inception. However, Prime Minister Rishi Sunak’s unexpected decision to call a general election in July 2024 has halted all current parliamentary business, including the passage of the bill to reform the Act.
UK Signs Hague 2019: New Clarity For Enforcement Of Choice Of Court Clauses In Finance Documents
By Dorothy Murray & Alice Dawson-Loynes on
Effective choice of court clauses (also known as jurisdiction clauses) are central to finance agreements. Reliable, certain process to enforce contractual obligations is essential for cross-border trade and finance transactions. Parties want to be sure that any disputes will be heard not just according to their chosen law but in their chosen forum, and that any judgment obtained can be easily and reliably enforced, including abroad if needed.
Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?
By Ilona Trouyet & Alexis L. Namdar on
As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from the ECT by EU member states, which effectively will limit protections granted by the treaty previously enjoyed by direct investors and asset managers with portfolio companies in the energy sector.