Neil Hart QC’s practice covers a hugely diverse range of commercial disputes, in UNCITRAL, ICC, SIAC, LCIA and LMAA arbitration, and hard-fought litigation in the Commercial Court and on appeal. He is currently acting for a US based internet gaming company in a high-value dispute with Russian investors over the development of, and intellectual property […]
Members and staff of Essex Court Chambers are celebrating the appointment of six new Silks today. Neil Hart, Edward Brown, Jeremy Brier, Tim Akkouh, Emily Wood and Lucas Bastin will be sworn in as Silk at a ceremony taking place today at the Palace of Westminster, following their appointment earlier this year. Senior Clerk Joe […]
In WSB v FOL [2022] EWHC 586 (Comm) Mr Justice Calver gave judgment containing authoritative guidance concerning applications under ss.67-69 of the Arbitration Act 1996 which are at first dealt with on paper and in relation to which an oral hearing is then sought. He refused the application of WSB to set aside an Order […]
Essex Court Chambers and its members have been highlighted in a recent report published by The Lawyer. The report, published in March 2022 and entitled “The Commercial Court: This is where the relationships lie” draws on data from The Lawyer’s Litigation Tracker, ranking sets and firms according to the number of concluded judgments, case days and […]
On Friday 11 March 2022 the Commercial Court (Butcher J) handed down judgment in General Dynamics UK Ltd v The State of Libya [2022] EWHC 501 (Comm). The Court considered the importance of adjudicative and enforcement state immunity in the context of arbitration enforcement proceedings, and addressed how and when state immunity should be dealt with as […]
In an ex tempore judgment given on 8 March 2022, Mr Justice Calver sitting remotely in the Commercial Court granted an interim negative anti-suit injunction (‘ASI’ for short) to enforce the claimant’s arbitration rights as a matter of English law in the context of civil proceedings commenced by the defendant against the claimant (named as […]
It is with great sadness that the members of Essex Court Chambers share the news that His Honour Judge Anthony Diamond QC passed away on Saturday 5 March 2022 at home after a short illness, aged 92. Mourned and sadly missed by Jo his devoted wife, their daughter Emma and grandchildren, Emily and Olivia, daughters […]
In MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) the Commercial Court upheld Owners’ appeal on a point of law under section 69 of the Arbitration Act 1996. The appeal arose out of Owners’ disputed exercise of a force majeure provision in response to Charterers’ difficulties paying freight in US dollars (the contractual currency of […]
In a reserved written judgment issued on 2 March 2022, the Court of Appeal of the Republic of Singapore (Andrew Phang Boon Leong JCA, Steven Chong JCA, Beverly McLachlin IJ) (SGCA) unanimously dismissed the appeal brought by CSDS Aircraft Sales & Leasing Inc (CSDS) against the judgment of Sir Jeremy Cooke IJ in the Singapore […]
Sir Franklin (Frank) Berman QC has been awarded an Honorary Doctorate by the University of Cape Town in recognition of his life-long contribution to the growth and development of international law and international dispute resolution. Sir Frank, whose initial university studies were in Cape Town, joined HM Diplomatic Service in 1965 and was the Legal […]
In the FCA v Arch test case, [2020] EWHC 2448 (Comm), Flaux LJ and Butcher J (sitting as a two judge Financial List court) ruled on the scope and application of prevention of access clauses to business interruption losses caused by Regulations passed to combat the Covid-19 pandemic. Almost all of their rulings were unfavourable […]
The Court of Appeal of the Eastern Caribbean Supreme Court yesterday granted conditional leave to appeal in the case of 1Globe Capital, LLC v. Sinovac Biotech Ltd. following a substantive judgment dated 9 December 2021 leading to a contested oral leave hearing by notice of motion. The appeal to the Privy Council raises issues of […]
