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In this issue: Arbitration in England & Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector-and industry-specific arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Commercial Court refuses appeal and orders indemnity costs In V and another v K; K v V [2025] EWHC 1704 (Comm), Mr Justice Calver in the Commercial Court refused the claimants permission to appeal the earlier rejection of their sections 67 and 68 of the Arbitration Act 1996 (AA 1996) challenges, citing procedural missteps and lack of merit. They did not seek permission at the hand‑down hearing, so the lower court lacked jurisdiction to grant leave. Nor did they file grounds of appeal at that hearing. An adjournment of hand‑down could have been requested to preserve the court’s jurisdiction to entertain the appeal, yet no such application was made. In...
In this issue Arbitration in England & Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector- and industry-specific arbitration Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales Freezing order discharged due to failure to serve arbitration claim form At the return hearing for a without-notice worldwide freezing order (WWFO) in AAA v BBB (a company incorporated and registered in Curaçao) [2025] EWHC 1647 (Comm), High Court examined the effect of the service period for the arbitration claim form having expired before the WWFO was granted. The court concluded claimant had not taken all reasonable measures to serve the claim form within the one‑month deadline. As a result, the conditions for granting a retrospective extension of time for service were not satisfied. Accordingly, the WWFO was discharged by the court on the...
Practice Note This Practice Note offers practical guidance for general commercial practitioners on matters to weigh up when drafting a business-to-business agreement or arrangement intended to minimise the harmful consequences of unforeseen events, shifts in the economic climate, crisis, disaster, or other circumstances beyond the contracting parties' control. It is equally pertinent for practitioners when preparing a contract during a force majeure or other ongoing disruptive event. The Practice Note also examines illegality, hardship, business continuity, rights to terminate, and key risk-mitigation clauses, including those addressing price variation, currency exchange fluctuations, indemnities, insurance, and contract review. For a concise 'how to' guide on preparing contracts to cover unforeseen events that signposts relevant content, with links to potentially relevant issues such as clauses dealing with force majeure, and other commercial and practical considerations, see Practice Note: How to draft a contract to cover unforeseen events. Legal practitioners frequently draft contracts with a view to anticipating the 'worst case scenario'. Typically, this can involve incorporating standard boilerplate and commercial provisions...
Sharm el-Sheikh Summit (COP27/CMP17/CMA4) ARCHIVED: This Practice Note is archived and not being maintained. Location: Sharm el-Sheikh, Egypt Date: 6 November–20 November 2021 Subject: Climate change, international environmental law, climate targets Background on the UNFCCC The United Nations Framework Convention on Climate Change (UNFCCC), concluded at the 1992 ‘Earth Summit’ in Rio de Janeiro, seeks to stabilise greenhouse gas (GHG) levels in the atmosphere at a point that avoids dangerous human-caused climate change. There are 198 Parties to the Convention. At the outset, the UNFCCC focused on setting national GHG baselines, using 1990 as the reference year. The Conference of the Parties (COP) is the Convention’s governing forum, meeting each year-unless Parties agree otherwise-to review progress in addressing climate change. For further detail, see Practice Note: United Nations Framework Convention on Climate Change 1992-snapshot. Notable past UN climate conferences include: COP15 in Copenhagen, 2009 COP16 in Cancun, 2010 COP17 in Durban, 2011 ...