Michael Volikas and Leah Rutley of Wikborg Rein’s London office, instructing Benjamin Coffer and Simon Rainey KC of Quadrant Chambers, represented a syndicate of London reinsurers in the High Court in successfully defending claims against them for average loss in respect of a cargo of gasoil under a marine cargo reinsurance contract by the original assured pursuing their claims under a “cut-through” clause.

The High Court of Hong Kong has ruled that a party seeking a stay of proceedings in favour of arbitration must demonstrate at least a prima facie case that an arbitration agreement exists. This was in the case of Haller v Vestey International and CMC (overturned on other grounds on appeal), where the Plaintiff had argued that the tripartite agreement was a forgery. If a party cannot demonstrate this, the court may refuse to grant a stay and resolve the issue itself.

Here we consider a high profile procedural decision of the English Court of Appeal, which included commentary on the common law doctrine of forum non conveniens: Municipio de Mariana v (1) BHP Group (UK) LTD (2) BHP Group Ltd.

Since our last update on 21 April 2022, the EU has adopted its sixth Russia related sanctions package, while Norway has aligned its sanctions regime with the EU's fifth sanctions package. Furthermore, the UK and US have introduced additional sanctions, and Russia has developed its countermeasures.

Since our update on 14 March 2022, the EU, UK and US have announced additional sanctions following Russia's continued military aggression against Ukraine. In addition, Norway has implemented much of the EU sanctions imposed in the recent months.

This article looks at the treatment of international arbitration agreements by the English courts, particularly at how the courts have upheld the decision of parties to resolve disputes through arbitration rather than through the courts.

In this article we discuss challenges to arbitration awards in the context of alleged ‘serious irregularity’ in the award given by the arbitral tribunal. This was addressed in the recent decision by the Privy Council in London, on appeal from the courts of the Bahamas, in RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8.

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Superyachts

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Contract Law and Construction

English Law

Dispute Resolution

Associate

Leah works with a variety of international clients primarily in the shipping, energy and construction sectors. Leah handles arbitrations under LMAA, SIAC, HKIAC, LCIA and ICC institutions, as well as English litigation. In addition to her contentious practice, Leah also assists with contract drafting, particularly in shipbuilding. Leah has also completed a secondment to a major shipowner and operator, gaining experience in ship finance.

London

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Leah has worked with a variety of clients primarily in the shipping, energy and construction sectors.

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