SAAMCO Realigned: Scope of Duty and Recovery of Damages for Economic Loss

Articles

SAAMCO Realigned: Scope of Duty and Recovery of Damages for Economic Loss


The extent of the responsibility assumed by a professional adviser, and the extent of their liability if they fail to act with reasonable care, have been the subject of many… Read more »

CategoryArticles Author Vivek Kapoor Date

The New York Convention 1958 Through the Looking Glass in 2021


Adapted from a paper given to the Caribbean Branch of the Chartered Institute of Arbitrators Triennial conference on 28 May 2021.  I’ve always had plenty to say about the New… Read more »

CategoryArticles Author Karen Gough Date

The Proper Law of an Arbitration Agreement Part Two: Muddle Resolved? – A deep dive into Enka v Chubb [2020] UKSC 38


On 9 October 2020, the Supreme Court handed down its much-awaited decision in Enka v Chubb [2020] UKSC 38, in which the central issue was how an arbitral tribunal applying English law… Read more »

CategoryArticles Author Steven Lim, Ben Olbourne, Niraj Modha , Philippe Kuhn Date

Challenging an arbitral award for serious irregularity: recent developments


“No one likes losing.” As the authors of Redfern and Hunter on the Law and Practice of International Commercial Arbitration (6th edition) note in their opening words to their chapter on challenges to… Read more »

CategoryArticles Author David Sawtell Date

What approach should be taken to the proper law of an arbitration agreement?


This article provides brief thoughts in the lee of the Supreme Court’s hearings of the appeals in Enka and Kabab-Ji[1] on various potential approaches, or emphases of approach, to the issue of determining the… Read more »

CategoryArticles Author Steven Lim, Ben Olbourne, Niraj Modha , Philippe Kuhn Date

The Current Position on the Proper Law of an Arbitration Agreement


English cases The method of determining the proper law of an arbitration agreement has not yet been considered by the highest court in this jurisdiction. Two cases have touched on… Read more »

CategoryArticles Author Steven Lim, Ben Olbourne, Niraj Modha , Philippe Kuhn Date

Section 44(2) Arbitration Act 1996 and the Court’s Powers in Support of Arbitral Proceedings


The recent decision of the Court of Appeal in A & B v C & D & E [2020] EWCA Civ 409 confirms that s44(2)(a) of the Arbitration Act 1996 provides the… Read more »

CategoryArticles Author Niraj Modha Date

Revisiting the Proper Law of the Arbitration Agreement


Three recent decisions of the Courts of Appeal in Singapore and England provide an opportunity to revisit the common law approach to determining the proper law of the arbitration agreement…. Read more »

CategoryArticles Author Steven Lim Date

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