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London Disputes

Weekly Roundup (23 Jan 2024)

Weekly Roundup (23 Jan 2024)

Here’s what you need to know for the week of 23 January 2023. Arbitration Global Arbitration Review reports that one of the main ICC arbitrations involving the Manono lithium project in the Democratic Republic of Congo is nearing an end (23 January 2023). This is just one of several

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High Court: Issue Preclusion Against Non-Parties to an Arbitration

Question Addressed Whether “privity of interest” can apply in the context of relying on an arbitration award against a non-party and, if so, what the correct test is? General Rule Issue preclusion, also known as issue estoppel, is the inability of a party to a later proceeding to contest the

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Weekly Roundup (6 Feb 2023)

Arbitration Law360 (login required) published a useful review of recent U.K. decisions on the enforceability of arbitration clauses: As shown in several high-profile cases, which are discussed in more detail below, failure to include arbitration clauses in agreements between entities, or failure to properly word and strengthen such clauses,

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HM Treasury Publishes Draft Legislation for Buy-Now Pay-Later Lending

HM Treasury has published its consultation and draft legislation targeted at Buy-Now Pay-Later (“BNPL”) lenders which would introduce a suite of new rules. The Global Financial Regulatory Blog has a helpful explainer discussing the proposed new rules and changes. This includes… On the narrowed scope of the proposal: The government

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ICCA: New Tool for Assessing Damages in International Arbitration

ICCA has published its new online tool for understanding and valuing damages in international arbitration matters.

High Court Decides When a Claim for Unjust Enrichment Accrues

High Court Decides When a Claim for Unjust Enrichment Accrues

The Commercial Court recently issued its decision in Anron Bunkering DMCC v Glencore Energy UK Ltd, [2023] EWHC 295 (Comm) (published by Quadrant Chambers) on the question of when a claim for unjust enrichment due to failure of contractual basis accrues. Background Ordinarily, restitution for unjust enrichment is an appropriate

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Weekly Roundup

Arbitration The biggest news of the week comes directly from the European Commission which called for a “coordinated withdrawal” of EU member states from the Energy Charter Treaty. The Global Arbitration Review helpfully summarised: In a major policy U-turn, the European Commission has proposed a “coordinated withdrawal” of EU member