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Latest News

Fri, 13/7/2018
The Court of Appeal has today handed down judgment in the case of Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2018] EWCA Civ 1660, raising important issues as to the service of claims under s.423 of the Insolvency Act 1986 out of the jurisdiction.  The Claimant, Orexim, commenced proceedings in England claiming damages against the First Defendant, MPT, for breach of a settlement agreement. In addition, Orexim sought an order under s.423 of the Insolvency Act...
Mon, 9/7/2018
Monica Feria-Tinta will be joining Sir Christopher Greenwood GBE, CMG, QC (former Judge at the International Court of Justice (key note speaker)) and other eminent academics and practitioners, to discuss the topic of human rights in international investment law at the Thirty-First BIICL Investment Treaty Forum Public Conference. Investment tribunals typically do not include experts on international human rights law and investment treaties are usually silent on human rights issues....
Fri, 6/7/2018
Since the 2015 creation of the ASEAN Economic Community, there is a plan to establish, amongst other things, “effective competition regimes” in all ASEAN Member States, more specifically via the ASEAN Competition Action Plan 2025. This has led to a flurry of new legislation in ASEAN countries and established regulators have been invigorated. The crucial question for claimant litigators is whether any of the new regimes create a promising new centre for competition law damages claims...
Thu, 5/7/2018
The Court of Appeal has today handed down judgment in the case of Bou Simon v BGC Brokers LLP [2018] EWCA 1525 (Civ). The question for the Court was whether the trial judge had been correct to imply a term into a loan agreement requiring the appellant broker to repay a loan made by his employer in circumstances where he left the firm before the completion of the ‘initial period’ defined in his employment contract. The trial judge had found that such a term should be implied,...
Mon, 2/7/2018
Alexander Thompson has recently been appointed Teaching Fellow in International Commercial Litigation at UCL in London.    Alexander will be teaching a range of subjects in the conflict of laws on the LLM course, commencing in Autumn 2018, while maintaining his full time practice at the Bar. Alexander practices in a broad range of areas in commercial law. He has a particular specialism in the conflict of laws and international arbitration, and regularly acts for clients in a large...
Fri, 29/6/2018
20 Essex Street is delighted to be co-hosting 'Meet the Female Arbitrator: Arbitration Pledge Commodities' on 4 July, an event associated with The Pledge which will be supporting female arbitrators in the Commodities sector in meeting those in a position to appoint them. This Commodities Arbitration Pledge event is the second in a series of similar events across various arbitration sectors. Those already supporting Meet the Female Arbitrator include: 20 Essex Street, 7KBW...
Fri, 29/6/2018
Members of 20 Essex Street congratulate Mr Justice Males on his appointment as a Lord Justice of Appeal, announced this week. Sir Stephen Males was called to the bar in 1978, joined Chambers in 1979 and became a Queen’s Counsel in 1998. He was appointed to the High Court in 2012 and is currently a Presiding Judge of the North-Eastern Circuit.   Sir Stephen is one of seven newly appointed judges and their biographies can be found here.
Thu, 28/6/2018
In the case Fehn Schiffahrts GmbH & Co KG v Romani SpA [2018] EWHC 1606 (Comm), the Commercial Court allowed a challenge pursuant to s69 Arbitration Act 1996 and remitted an arbitral award to a Tribunal for further consideration.  In the underlying arbitration, Charterers had brought an action against Owners in respect of the allegedly unauthorised fumigation of a cargo, which Charterers claimed had resulted in loss and damage. Owners inter alia disputed Charterers’ title to sue...
Tue, 26/6/2018
Carlos Sevilleja Garcia v Marex Financial Limited [2018] EWCA Civ.1468 David Lewis QC and Richard Greenberg report on a significant judgment concerning the rule against reflective loss (the “RL Rule”). The Court of Appeal has resolved the “as yet undecided question whether the [RL Rule] applies to claims by unsecured creditors who are not shareholders of the relevant company” [1]. The RL Rule now applies to claims by any unsecured creditor of a company. Key points The...
Fri, 22/6/2018
In Eastern European Engineering Limited v Vijay Construction (Proprietary) Ltd, the Commercial Court heard an application for a worldwide freezing order (“WFO”) in support of enforcement of an ICC Paris Arbitration Award against a company incorporated in Seychelles. Mr Justice Butcher considered that the Court did, in principle, have jurisdiction under s. 37 Senior Courts Act 1981 to grant a post-award WFO in support of a foreign-seated arbitration award, ancillary to proceedings...