On 15 February 2021, the English Commercial Court in
Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision. The decision (available here) settles a difficult question of English arbitration law.
In summary the English Commercial Court held that:
Non-compliance with a multi-tier dispute resolution provision is an issue of admissibility (
i.e. whether the claim is ripe to be heard) rather than jurisdiction (
i.e. whether the tribunal is competent to hear the claim at all).
Whether a party has complied with a multi-tier dispute resolution provision is a procedural matter which falls within the competence of the tribunal rather than the English Court to determine.
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Halliburton v Chubb: UK Supreme Court Provides Guidance on an Arbitrator’s Duties of Impartiality, Disclosure, and Confidentiality
This month’s International Arbitration Update considers the landmark UK Supreme Court decision of
Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48.
The decision is important because it provides guidance on the disclosures that parties should expect from an arbitrator when circumstances exist which might give rise to justifiable doubts as to his or her impartiality. In providing this guidance, the Supreme Court discussed the interaction between an arbitrator’s duties of impartiality, disclosure, and confidentiality, which are not easily reconciled.
Introduction:
Recognising that an arbitration agreement between parties is an
agreement independent of the substantive contract, the Delhi High
Court in
Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India
Pvt. Ltd.
1 has held that two Indian
parties can choose a foreign law as the law governing the
arbitration between them. The Court has also reiterated the legal
position on limited interference by Courts in international
arbitrations.
Factual Background:
Plaintiff ) had entered into a contract
with Louis Dreyfus Company India Pvt. Ltd. (the
Defendant ) for supply of 600 metric
tonnes of American imported raw cotton on May 30, 2019
(
Contract ). The Contract was entered
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BVI International Arbitration Centre Expands Global Representation, Welcomes Dr. John J. Maalouf to Arbitration Panel
February 22, 2021 13:47 ET | Source: Maalouf Ashford & Talbot Maalouf Ashford & Talbot
BVI IAC reaffirms commitment to diverse representation of the international business community
NEW YORK, NY, Feb. 22, 2021 (GLOBE NEWSWIRE) via NewMediaWire The British Virgin Islands International Arbitration Centre (BVI IAC), an independent not-for-profit institution serving the demands for dispute resolution in the international business community, today announced that Dr. John J. Maalouf has joined its arbitration panel. Dr. Maaloufis one of 10 arbitrators welcomed by the BVI IAC through its latest empanelment process.
Dr. Maalouf is Senior Partner of the international law firm Maalouf Ashford & Talbot, LLP. His practice is focused on international trade and finance law, international arbitration, mediation and alternative disput