Litigation and arbitration

  • International Arbitration, Litigation and Arbitration

    2021

    Arbitration clauses – three rules of thumb for in-house counsel

    With sufficient time and resources, an in-house counsel can ensure that each arbitration clause their organisation signs onto is carefully crafted and reviewed. But we recognize that time and resources are rarely sufficient and believe that these three rules of thumb can help ensure that arbitral clauses do not create an unacceptable level of risk.

  • International Arbitration, Litigation and Arbitration

    2021

    Negotiating enforceable settlement

    The referral of a dispute to arbitration does not mean parties have to be stuck on a straight track to a hearing with an award issued by the tribunal. Very often, arbitration can lead to or support parties in reaching a negotiated settlement in advance of any hearing or award. In some cases, commencing arbitration can be used as a strategy to encourage parties to negotiate. The fact of arbitral proceedings getting underway should certainly not lead parties to automatically forgo all hopes of settling the dispute.

  • International Arbitration, Litigation and Arbitration

    2021

    Arbitral tribunal undertaking its own research

    Can an arbitral tribunal undertake its own research? The answer is ‘ “it depends” – as is often the case in international arbitration. The question of whether a tribunal has gone beyond the scope of the arbitration will often arise in a challenge to the enforcement of an arbitral award.

  • International Arbitration, Litigation and Arbitration

    2021

    Challenges to arbitral awards on the basis of ‘Serious Irregularity’

    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.

  • International Arbitration, Litigation and Arbitration

    2021

    English courts supporting international arbitration

    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.

  • International Arbitration, Litigation and Arbitration

    2021

    Comparing the duration and cost of international arbitration

    International arbitration as a method for resolving cross-border disputes continues to gain popularity. However, when considering which of the arbitral institutions’ rules to include in an arbitration agreement, there are two practical points to consider: (i) the likely duration and (ii) the likely cost of any arbitration.

  • International Arbitration, Litigation and Arbitration

    2021

    Key considerations when choosing a party-appointed valuation or quantum expert in arbitration

    Arbitration often involves resolving complex and technical matters which call for specific knowledge or experience, including determining the value or quantum of a claim. Expert witnesses are often instructed by parties to do this through written statements and oral testimony before the arbitral tribunal. Generally, in most high value, large and/or complex arbitrations, the parties will benefit from having a party-appointed expert to assess quantum, or to rebut an opposing party’s assessment of quantum. In some instances, relying on experts will simply be a prerequisite to convince the tribunal. In this article, we discuss key considerations when appointing such an expert.

  • International Arbitration, Litigation and Arbitration

    2021

    Third time’s the charm: UK Supreme Court affirms orthodox approach to liquidated damages

    In July 2021, the Supreme Court handed down a long awaited judgment in Triple Point Technology v PTT, overturning the earlier Court of Appeal decision and in doing so provided clarity on the applicability of a liquidated damages clause in circumstances where the contract has been terminated prior to its completion. The judgment also provided a helpful reminder of the correct interpretation of “negligence” when included in a limitation of liability clause.

  • International Arbitration, Litigation and Arbitration

    2021

    London calling?

    Enduring appeal of London arbitration for multinational parties unaffected by turbulent recent years for the UK.

  • Litigation and Arbitration

    2021

    Under (legitimate) pressure?

    Supreme Court clarifies the scope of lawful act duress in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40.

  • Litigation and Arbitration

    2021

    The LMAA Terms 2021: what's new for the end user?

    The updated LMAA Terms came into effect on May 1st 2021, and in this article we will describe the key terms and changes.

  • Financing, Ranking, Capital Markets, Mergers and Acquisitions, Dispute Resolution, Litigation and Arbitration, Oil and gas, Intellectual Property, Shipping Offshore, Fisheries and Aquaculture, Financial Regulation, Competition law, M&A, Employment Law, Renewable energy

    2021

    Chambers Europe 2021

    We are pleased to announce that Wikborg Rein is consolidating our strong position in the Chambers Europe 2021 Guide launched today.

  • Litigation and Arbitration

    2021

    Jurisdiction and enforcement of judgments post-Brexit: An update

    On 31 December 2020, the Brexit transition period ended and the United Kingdom was no longer party to the Lugano Convention of 2007, which governs issues of jurisdiction and enforcement of judgments between its signatories: the EU member states as well as Norway, Iceland and Switzerland.

  • Ranking, Financing, Capital Markets, Mergers and Acquisitions, Dispute Resolution, Litigation and Arbitration, Oil and gas, Intellectual Property, Shipping Offshore

    2021

    Top ranked in Chambers Global 2021

    We are happy to announce that it is once again confirmed by Chambers and Partners that Wikborg Rein is top ranked in Chambers Global 2021.

  • Shipping Offshore, Litigation and Arbitration

    2020

    Arbitrator bias and the duty of disclosure: Supreme Court adopts a pragmatic approach

    When parties agree in a contract that any disputes arising from that contract will be referred to arbitration, they hope that any tribunal that will be appointed will be free of bias and approach the matter fairly. One of the long running debates, particularly in specialist fields where there has traditionally been a limited pool of arbitrators, is to what extent arbitrators need to disclose previous relationships with the parties to an arbitration or their lawyers.

  • Shipping Offshore, Litigation and Arbitration

    2020

    International enforcement of arbitral awards

    The New York Convention allows for recognition and enforcement of international arbitral awards in most states. In this article, we outline the main steps of the process of enforcing international arbitral awards, adding our practical insight on the peculiarities of specific jurisdictions

  • Shipping Offshore, Litigation and Arbitration

    2020

    Imposing conditions to contractual consent – is it reasonable?

    In the recent decision in Apache North Sea Ltd v INEOS FPS Ltd [2020] EWHC 2081 (Comm), the Commercial Court has provided guidance on the interpretation of consent provisions in a contract where such consent is not to be “unreasonably withheld”.

  • Shipping Offshore, Litigation and Arbitration

    2020

    When is the law applying to an arbitration agreement not the same as the law applying to the contract?

    In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 the UK Supreme Court has (by a 3:2 majority) recently clarified that, in the absence of an express choice of law, the law governing the validity and scope of the arbitration agreement is that of the seat of the arbitration and not the law applicable to the contract.

  • Shipping Offshore, Litigation and Arbitration, Oil and gas

    2020

    ICC launches revised Rules for Arbitration: Considerations for commercial parties in the offshore sector

    Due to the coronavirus pandemic, conducting arbitration proceedings in 2020 has been challenging for many parties. As a result, several institutions have recognised the need for further developments in procedure and thus this year has resulted in numerous revisions to rules; including the most recent updates of the ICC Arbitration Rules (the "Rules").

  • Litigation and Arbitration

    2020

    Remote hearings in Norwegian courts and arbitration – eight months later

    Norwegian courts and arbitral tribunals have seen a considerable increase in the number of remote hearings over the last eight months, and the provisional regulations following the outbreak of Covid-19 have now been prolonged. Our new dispute resolution partner Jørgen Vangsnes shares the experience so far.

  • Litigation and Arbitration

    2020

    Jørgen Vangsnes: New Partner in Oslo

    Earlier this year, Jørgen Vangsnes was appointed as a new partner at Wikborg Rein's office in Oslo. With extensive experience and qualifications within litigation and dispute resolution Jørgen will be a solid addition to the firm's strong litigation team.

  • COVID-19, Shipping Offshore, Litigation and Arbitration

    2020

    The effects of Covid-19 on scheduled court and arbitration hearings in England

    The effects of the current outbreak of Covid-19 on ongoing court and arbitration proceedings have been profound ranging from general court closures, adjournment of cases and potential increases to costs (as well as some potential savings) and a corresponding rise in remote hearings. The following article sets out basic guidance regarding the conduct of a remote hearing, addresses frequently asked questions and also reviews the potential costs consequences.

  • Litigation and arbitration

    2018

    Anti suit injunctions – are they still available in the EU?

    In the recent case of Nori Holdings and others v. Public Joint Stock Company – Bank Otkritie Financial Corporation, the English High Court was asked to decide whether anti-suit injunctions could now be granted to restrain proceedings in another EU state. They decided that the answer was still "no".