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England and Wales Case Law

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Arbitration [2026] EWHC 1003 (Comm)

Genel Energy Miran Bina Bawi Ltd v The Kurdistan Regional Government of Iraq

Genel Energy Miran Bina Bawi Ltd v The Kurdistan Regional Government of Iraq [2026] EWHC 1003 (Comm) (01 May 2026)

The High Court dismissed a s.68 challenge to an LCIA costs award, holding that Article 28.3 displaced the Arbitration Act’s specificity rules for legal costs.

  • Arbitral costs
  • Party autonomy
  • Interpretation of arbitration act 1996 s.63
  • Lcia rules article 28
  • Serious irregularity (s.68)
  • Excess of power
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Tax law

L Rowland& Co (Retail) Limited v The Commissioners for HMRC

Upper Tribunal appeal on FTT case management in a tax dispute. The UT set aside directions requiring additional locum evidence and postponing HMRC particulars.

  • Case management discretion
  • Party autonomy
  • Witness summonses
  • Pleadings and particulars
  • Employment status for tax purposes
  • Case-management
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Arbitration

David Gluck v Chaim Yaakov Endzweig & Anor

The Court of Appeal held that an arbitration clause allowing the Beth Din to amend awards “at any time” was inconsistent with finality, and restored enforcement of the second award.

  • Arbitration agreement validity
  • Finality of arbitral awards
  • Correction and amendment of awards
  • Party autonomy
  • Enforcement of arbitral awards
  • Arbitration
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Arbitration [2024] EWHC 2986 (Comm)

Bugsby Property LLC & Anor v Omni Bridgeway (Fund 5) Cayman Investments Ltd & Anor

Bugsby Property LLC & Anor v Omni Bridgeway (Fund 5) Cayman Investments Ltd & Anor [2024] EWHC 2986 (Comm) (25 November 2024)

The High Court held that clause 19.2 in a litigation funding variation agreement was not an arbitration agreement and dismissed the section 18 application.

  • Arbitration agreement interpretation
  • Jurisdiction of arbitral tribunal
  • Dispute resolution clauses
  • Party autonomy
  • Arbitration-agreement-interpretation
  • Section-18-arbitration-act-1996
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Arbitration

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait)

The Supreme Court held that English law governed the arbitration agreement and that Kout Food Group had not become a party to the franchise agreement. Enforcement was refused.

  • Enforcement of foreign arbitral awards
  • Validity of arbitration agreements
  • No oral modification clauses
  • Party autonomy
  • Summary judgment procedure
  • Arbitration
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Private international law [2021] EWCA Civ 981

Perform Content Services Ltd v Ness Global Services Ltd

Perform Content Services Ltd v Ness Global Services Ltd [2021] EWCA Civ 981 (01 July 2021)

The Court of Appeal held that Article 33 of the Brussels Recast Regulation did not apply where English jurisdiction arose under a non-exclusive Article 25 clause.

  • Jurisdiction agreements
  • Brussels recast regulation
  • Lis pendens
  • Non-exclusive jurisdiction clauses
  • Stay of proceedings
  • Party autonomy
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Landlord and tenant

Chana v CC Properties (Yorkshire) Ltd

The High Court held the county court should not have decided rent suspension while an arbitration appeal was pending, because the lease required arbitration of that issue.

  • Forfeiture of lease
  • Rent suspension
  • Arbitration act 1996
  • Party autonomy
  • Lease interpretation
  • Forfeiture-of-lease
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Private international law

Etihad Airways PJSC v Flother

The Court of Appeal held that Article 31(2) of Brussels Recast applies to an asymmetric jurisdiction clause, so the English proceedings were not stayed under Article 29.

  • Jurisdiction agreements
  • Brussels recast regulation
  • Asymmetric jurisdiction clauses
  • Lis pendens
  • Party autonomy
  • Asymmetric-jurisdiction-clauses
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Arbitration

Minister of Finance (Incorporated) v 1Malaysia Development Berhad & Ors

The Court of Appeal held that challenges under sections 67 and 68 of the Arbitration Act 1996 should proceed in court first, and restrained parallel second arbitrations.

  • Arbitration act 1996 sections 67 and 68
  • Case management stay
  • Injunction to restrain arbitration
  • Party autonomy
  • Jurisdiction of arbitral tribunal
  • Public policy in arbitration
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.