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In this issue: Advertising, marketing and sponsorship Contracts Data protection International Supply chain LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—5 November 2025 The Advertising Standards Authority (ASA) received a single complaint about advertising by On The Beach Ltd, which stated that customers booking particular holidays would be given free access to airport lounges. The ASA upheld the complaint. See: LNB News 05/11/2025 27... Contracts Ms Amlin Marine NV (on behalf of Ms Amlin Syndicate AML/2001) v King Trader Ltd [2025] EWCA Civ 1387 The Court of Appeal (Civil Division) dismissed the appellants’ challenge and confirmed that a ‘pay first’ clause in a marine insurance policy was enforceable against the Charterer. The policy had been issued by MS Amlin Marine NV to Bintan Mining Corporation (the Charterer), which had chartered the vessel Solomon Trader...
Neilan International Co Ltd v Powerica Ltd Commercial Arbitration Petition No 416 of 2019 What are the practical implications of this case? In this decision, the court delineates the boundaries of the enquiry when considering if an award offends India’s public policy. This basis entails testing whether the award breaches the fundamental policy of Indian law and affronts basic notions of justice or morality. The judgment focuses on this limb, especially against objections to enforcement that sought a second look at matters already dealt with in the arbitral award. Under the New York Convention, the avenues to resist the enforcement of foreign awards in signatory states are exceptionally narrow, and the enforcing court’s role is confined to a limited, cursory check to see if any such objections are made out. In India, reliance on public policy to resist enforcement has been highly contentious, and is routinely invoked to attack enforcement proceedings, often as a vehicle for re-assessing the merits of the dispute. It addresses attempts to re-open matters already...
In this issue: Arbitration in England & Wales International Arbitration Investment treaty arbitration Institutional and ad hoc arbitration Daily and weekly news alerts New and updated content Arbitration in England & Wales Arbitration Bill reaches Committee Stage The Arbitration Bill entered the House of Lords’ Committee Stage on 11 September 2024. It has been scrutinised clause by clause, with potential changes capable of being adopted. A marshalled schedule of proposed amendments has also been compiled. See: LNB News 11/09/2024 53. Law Society publishes report hailing England and Wales as world's legal centre The Law Society’s International Data Insights Report concludes that England and Wales sit at the global heart of arbitration and commercial dispute resolution. Per the report, English law governs trillions of pounds in cross-border contracts and transactions. The London Commercial Court issues more written judgments annually than the leading commercial courts of other jurisdictions. See: LNB News 11/09/2024 40. International Arbitration ...
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern—unless the parties agree otherwise—any arbitration begun on or after 1 June 2021 on the basis of an arbitration agreement where the clause refers to the Swiss Rules, or to the former rules of chambers or organisations that adopted the Swiss Rules or placed their proceedings under them. For commentary on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview. A recurring element of institutional arbitration frameworks, including the Swiss Rules, is the institution’s involvement in setting and administering arbitration costs. Under the Swiss Rules, though, arbitral tribunals enjoy broader powers on costs than under several other prominent institutional regimes, such as those of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA). This Practice Note addresses costs and security for costs under the Swiss Rules. A citation to the Swiss Arbitration Centre’s (the SAC’s) Guidelines for Arbitrators may assist on cost-related issues. Categories and determination of arbitration costs Under...
Arbitration clauses Arbitration clauses stipulate that disputes are resolved by a designated arbitral tribunal appointed for the purpose, and may feature in both domestic and cross‑border matters. Arbitration may proceed on an ad hoc footing—following a chosen set of rules, for example the London Maritime Arbitrators Association (LMAA) Terms, and/or the applicable national arbitration statute—or be administered by an arbitral institution, ordinarily in accordance with that institution’s own procedural rules. A broad range of institutional rulebooks is available for incorporation into arbitration agreements; prominent options include, in particular, the International Chamber of Commerce’s ICC Rules and the London Court of International Arbitration’s LCIA Rules. By way of illustration, this Practice Note, applying the law of England and Wales, considers the LCIA’s recommended arbitration clause for future disputes arising, while noting that the points raised may equally bear on other institutional arbitration clauses...
Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...
By email to casework@lcia.org London Court of International Arbitration 1 Paternoster Lane London EC4M 7BQ United Kingdom Dear [ Registrar of the LCIA Court ], [ LCIA Reference number ] We act on behalf of [ name of respondent party ]...