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Talks

This talk covers the following topics:

Interim Relief in support of arbitrations under s.44 of the 1996 Act

The kinds of relief available under s.44:

  • Is relief available under s.37 Senior Courts Act 1981 where it would not be available under s.44?
  • Order for the purpose of preserving assets – what is an asset?

Multi-tiered dispute resolution clauses

Discussion of the issues arising out of the use of such clauses in light of the decision in Emirates Trading Agency LLC v. Prime Mineral Exports [2014] EWHC 2104 (Comm) including:

  • The enforceability of obligations to mediate or negotiate
  • When such obligations are effective conditions precedent to arbitration

The Court’s jurisdiction over third parties to an arbitration agreement

  • The traditional position
  • The modern position
  • Circumstances where that power might be invoked, such as by a sub-charterer seeking inspection of a vessel under s.44

The Commercial Court’s approach to applications for permission to appeal on a point of law (s.69) and to challenge on the grounds of serious irregularity (s.68)

  • Is the Court more willing than previously to give permission to appeal?
  • The importance of the formulation of the question of law
  • The procedure for expedited determination of s.68 applications

On 10 January 2015, the current Brussels I Regulation on jurisdiction and enforcement of judgments will be replaced by EU Regulation 1215/2012,  The recast Regulation will introduce significant changes.  These include:

  • changes to the lis pendens provisions aimed at addressing the problem of the so called "Italian torpedo";
  • changes to the rules relating to jurisdiction agreements;
  • new rules concerning third state matters and defendants;
  • reinforcement of the arbitration exclusion; and
  • the abolition of exequatur (the need to obtain a court order before enforcing a foreign judgment) and certain changes regarding the recognition and enforcement of judgments.

The Brussels I Regulation has proved a significant battleground for litigants since its introduction, and the new Regulation is likely to be no different. As well as describing the key changes to the Brussels I regime, this lecture (presented by Sara Masters QC and Edward Ho) will highlight some of the new pitfalls and uncertainties so that practitioners are alive to and ready for them before the Regulation is introduced.

Reaching Beyond the Obvious – Recent Developments in Piercing the Corporate Veil, Non-Cause of Action Defendants and Hard Cases: Petrodel v Prest, Mahakam and Ablyazov

Recent developments in England have shown the Court’s enthusiasm to throw the net wide in the fight against fraud (the recent Ablyazov litigation) but otherwise to be more restrictive in respect to piercing the corporate veil (Petrodel –v- Prest) and Non-Cause of Action Defendants (Mahakam).

Duncan Matthews QC and Sara Masters QC will consider these recent developments and applications of some of them in Singapore (notably in Manuchar Steel Hong Kong Limited v Star Pacific Line Pte Ltd). The talk, in association with SIArb and chaired by Mr Leslie Chew SC (KhattarWong LLP) will take place at 12pm on Tuesday, 18 November 2014.

Andrew Baker QC provides an introduction to obligations and liabilities in bailment as they may arise in the context of carriage of goods by sea, identifying in particular the situations in which a bailment claim, or an analysis of the situation in terms of bailment, may be necessary or desirable given the essentially contractual environment of carriage.

Henry Byam-Cook discusses the English law of litigation privilege; looking at some of the problems involved, considering recent cases and offering practical suggestions.

 

This seminar considers the enforcement of domestic and foreign arbitration awards as a matter of English law.

Henry Byam Cook outlines the legal framework when considering enforcement together with some of the recent decisions in this area. The focus is not just on the current state of the law but also seeks to draw practical lessons which parties may wish to bear in mind both when seeking to enforce an award, resist enforcement and even earlier when conducting the arbitration itself.

In this talk, taking place at Maxwell Chambers on 4 September 2014, Penelope Nevill discusses current issues regarding the interface between public international law and commercial practice, covering sanctions, law of the sea (arrest) and immunities and act of State (when enforcing judgments or awards).

Register here

 

 

Tony Beswetherick provides a practical introduction to the Model Law and the effect of recognition of foreign insolvency proceedings in the UK.  He also considers the approach being adopted by the English courts to applications for permission to continue arbitration and other proceedings against companies which have entered an insolvency process in a foreign jurisdiction. 

Organised by the Singapore Chamber of Maritime ArbitrationAndrew Baker QC will present a talk on Arbitration and the Doctrine of Precedent in Singapore on 2 June 2014.

This talk will consider the nature of an arbitrator's obligation to decide cases in accordance with the law and its relationship to the formal doctrine of precedent in the English courts, where English law indeed governs the merits, examining the matter both from a theoretical perspective and also with an eye on the practical issues that arise.

Further details can be found in the attached flyer, or to book a space please email Tammy Tan.

SCMA Talk - AB.pdf

Tony Beswetherick provides a practical introduction to the Model Law and the effect of recognition of foreign insolvency proceedings in the UK.  He also considers the approach being adopted by the English courts to applications for permission to continue arbitration and other proceedings against companies which have entered an insolvency process in a foreign jurisdiction.