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News Archive

Fri, 7/4/2017
Using the long-standing dispute over the territory of Western Sahara as a case study Dr Kate Parlett highlights the need for treaty parties to take account of potential human rights implications in the application of trade and investment agreements, particularly where there are issues concerning the right to self determination. 
Wed, 5/4/2017
Sara Masters QC was hosted by the Seoul International Dispute Resolution Centre (SIDRC) to deliver a talk titled "Brexit-Is the Party Over for London Dispute Resolution?" which was subsequently covered in the Korean edition of 'Legal Times' (document below). 
Wed, 5/4/2017
As foreign direct investment grows, so too does the number of disputes between states and investors. Increasingly these disputes are resolved by international arbitration proceedings but once resolved, the enforcement of awards against states brings its own challenges. Whilst enforcement of arbitral awards should be ‘almost a matter of administrative procedure’ (to use the language of PetroChina International (Hong Kong) (Corp Ltd [2011]), immunities remain to some, a ‘hurdle...
Mon, 3/4/2017
In this back to basics piece (attached below), Matthew McGhee outlines the various routes by which a respondent can challenge the jurisdiction of an arbitration.
Wed, 29/3/2017
Baker J handed down an extensive judgment on 29 March 2017 in respect of four preliminary issues concerning limitation of liability under Article IV r 5 of the Hague and Hague-Visby Rules. This case raises a number of important issues on limitation of liability in the context of transport by containers that have never previously arisen for decision by an English court.   A case summary and the full judgment can be read here.  Sara Masters QC and Daniel Bovensiepen acted for...
Wed, 29/3/2017
In an article first published in The Lawyer, Sara Masters QC and Belinda McRae outline three steps the UK Government should undertake to assuage fears of upheaval in the system of commercial dispute resolution following Brexit. The full article can be found below.
Mon, 27/3/2017
The Court of Appeal has today handed down an important judgment as to the effects of CPR Part 36 and in particular the Court's powers to award enhanced interest. It is the latest decision in a long-running dispute between Petrom (a Romanian oil company) and Glencore, Glencore having deceitfully sold "counterfeit" cargoes of crude oil to Petrom's predecessors in title during the 1990s.   A case summary and the judgment can be read here. Duncan Matthews QC and...
Mon, 27/3/2017
The Department of Business, Energy and Industrial Strategy (BEIS) has sponsored a new working group designed to give a voice to the professional and business services (PBS) sector – including law, accountancy, and property professionals – as the Government prepares to negotiate a post-Brexit relationship with the EU.  20 Essex Street’s Gordon Nardell QC represents the Bar Council on the group.  The new group, known as the Mutual Market Access (MMA) working group, is...
Wed, 22/3/2017
On April 4th at a conference jointly hosted by Queen Mary University of London and CBAR titled "The State as a Party to Arbitration Proceedings" Monica Feria-Tinta joins a panel to discuss sovereign immunity. For more information please see the event flyer below.
Tue, 21/3/2017
In this 20 Essex Street Bulletin, Angharad Parry reviews the circumstances in which an implied duty of good faith have been adopted in the four years since The Yam Seng [2013] EWHC 111 [QB].