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22 November, 2022 Diplomatic Immunity and Human Rights

The Court of Appeal has handed down judgment in London Borough of Barnet v AG (A Child) & Secretary of State for Foreign, Commonwealth and Development Affairs [2022] EWCA Civ 1505. The case considers whether the grant of diplomatic immunity in respect of care proceedings regarding children is compatible with Article 3 of the European […]

18 November, 2022 EU Anti-Suit Injunction Post-Brexit

Judgment has been handed down today in Ebury Partners Belgium SA v Technical Touch BV [2022] EWHC 2927 (Comm). Following an inter partes hearing, Jacobs J granted an interim anti-suit injunction (ASI) restraining the pursuit of proceedings in Belgium brought in breach of an exclusive jurisdiction agreement. The ASI included a mandatory element, requiring the Defendants […]

18 November, 2022 Chambers awarded Commercial Set of the Year at the UK Bar Awards 2022

Members of Essex Court Chambers are delighted to share that Chambers was awarded ‘Commercial Set of the Year’ at yesterday evening’s Chambers & Partners UK Bar Awards. Congratulations also to Joe Smouha KC who was awarded ‘Arbitration Silk of the Year’ and Tom Ford who was shortlisted for ‘Commercial Junior of the Year.’ The full list of […]

17 November, 2022 Essex Court Chambers awarded Set of the Year by Who’s Who Legal

Members of Essex Court Chambers are delighted to have been awarded ‘Set of the Year’ at the Who’s Who Legal awards. Each year Who’s Who Legal present awards to the individuals and firms that have performed exceptionally well in their research. The awards were held in-person for the first time in two years on Wednesday […]

17 November, 2022 Unilateral Options to Refer Disputes to Arbitration

In a reserved judgment handed down on 17 November 2022, Mr Justice Foxton dismissed challenges brought pursuant to section 67 of the Arbitration Act 1996: see Aiteo Eastern E&P Company Ltd v. Shell Western Supply & Trading Ltd [2022] EWHC 2912 (Comm). The underlying dispute and arbitral process concerned a facility agreement governed by English […]

11 November, 2022 Gourab Banerji appointed member of ICC Commission on Arbitration and ADR

Gourab Banerji has been appointed a member of the ICC Commission on Arbitration and ADR. The ICC Commission on Arbitration and ADR is a unique rule making body in the field of international dispute resolution, helping to ensure dispute resolution services and rules adapt to the latest legislative and technological developments and meet the evolving […]

11 November, 2022 ECHR dismisses claim for breach of private and family life

The European Court of Human Rights today handed down its judgment in Otite v. the United Kingdom (Application no. 18339/19). The court found there would be no breach of Article 8 of the Convention if the applicant were deported.  The Applicant was a foreign national who had been convicted for multiple counts of fraud amounting […]

8 November, 2022 Court of Appeal Clarifies ‘Centre of Main Interests’ Test

In a judgment handed down on 28 October 2022, the Court of Appeal (Lewison LJ, Snowden LJ, Sir Launcelot Henderson) has dismissed a second appeal by which the petitioner, East-West Logistics LLP (“EWL”) sought an order winding up the respondent company, Melars Group Ltd (“Melars”). A copy of the judgment is available here. In doing […]

3 November, 2022 Commercial Court lifts stay of enforcement proceedings in relation to $50bn+ Yukos arbitration awards

The Commercial Court (Butcher J) has given a further judgment in Hulley Enterprises Ltd & Others v The Russian Federation EWHC 2690 (Comm). It has lifted a stay of proceedings to enforce $50bn+ arbitration awards against Russia which has been in place since 2016. This is the second time question of lifting the stay has […]

2 November, 2022 Dicey, Morris and Collins on the Conflict of Laws, 16th edition

Yesterday evening members of Essex Court Chambers together with Serle Court, hosted a reception to celebrate the publication of the Sixteenth Edition of Dicey, Morris & Collins on the Conflict of Laws Joint editors Lord Collins of Mapesbury LLD, FBA, and Prof. Jonathan Harris KC (Hon.) gave short remarks about the latest edition to a full room of over 100 clients, colleagues […]

25 October, 2022 Commercial Court considers Contractual Termination Triggers where there is a “Sole and Exclusive” Remedy Clause

With the decision in James Kemball Limited v “K” Line (Europe) Limited [2022] EWHC 2239 (Comm), HHJ Pelling KC (sitting as a High Court judge) brought to a conclusion four years of litigation between these and related parties. The claims arose out of the restructuring of the “K” Line container shipping business conducted by the […]

20 October, 2022 Chambers and Partners UK Bar Guide 2023

Members of chambers have been highly ranked in the Chambers and Partners UK Bar Guide 2023, which was released today. Members of Chambers hold 142 ranking across 24 practice areas including Cryptoassets, a new practice area for 2023. The set has been ranked in 12 practice areas, including Band 1 rankings in Commercial Dispute Resolution, […]

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