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England and Wales decisions
Decisions matching the current search
The court has power under section 42 to enforce peremptory orders of the arbitral tribunal and grants the order sought in paragraph 1 of the draft order, but declines to exercise discretion under section 37 as it is not just and convenient to grant broader relief beyond the scope of the tribunal's peremptory orders.
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Courts held that security-only sister-ship arrest is not “suit” under Article III rule 6, and that on-deck cargo must be specifically identified for Article I(c).
The tribunal did not commit a serious irregularity under s.68(2)(a) or s.68(2)(d) Arbitration Act 1996; it was not unfair for the tribunal to interpret evidence differently from the parties, and the tribunal had dealt with the essential issues regarding cargo shortage and valve defects based on the totality of evidence and factual findings.
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Section 67 challenge dismissed after the court found a purported LTI agreement was not executed in October 2015 and was likely backdated, so the tribunal lacked jurisdiction.
Kanametova v OSG Records Management (Europe) Ltd [2026] EWHC 1196 (Comm) (20 May 2026)
The High Court dismissed a section 67 challenge, holding the claimant had not proved an LTI agreement was executed in 2015 and that no valid arbitration agreement bound OSG.
Acer Incorporated & Anor v Nokia Technologies OY [2026] EWCA Civ 604 (18 May 2026)
The Court of Appeal held that Nokia’s disputed cross-licence term was not RAND-compliant and the case management stay was conditional on its removal.
The Court of Appeal held that Nokia’s disputed licence term was not RAND and ordered the case management stay only if that term was removed.
The High Court allowed an appeal under section 69 of the Arbitration Act 1996, setting aside an award after holding that the arbitrator misapplied contract construction principles.
Asghar v Patel [2026] EWHC 396 (Comm) (15 May 2026)
High Court appeal under section 69 of the Arbitration Act 1996. The court found the arbitrator erred in construing a written agreement and set aside the award.
The Court of Appeal upheld anti-suit injunctions restraining VTB’s Russian proceedings, holding they were vexatious and oppressive attempts to evade English-law arbitration and sanctions.
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