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 […]
Members of Chambers have received 99 rankings in the 2022 edition of the Chambers Global Guide following its release on Thursday 17 February. Members of Chambers have been ranked in 5 jurisdictions including The USA, The UK, Belize, Asia-Pacific and Europe. Chambers earned several notable rankings and received outstanding praise from clients and colleagues, including […]
On 16 February 2022 Mr Justice Calver handed down judgment in ED & F Man Capital Markets Limited v Come Harvest Limited [2022] EWHC 229 (Comm) following a five week trial of civil fraud claims heard in the Commercial Court. The claim arose out of 92 forged warehouse receipts for nickel, purchased by the Claimant […]
Proceedings brought by Vale SA, one of the world’s largest international mining companies, against eight Defendants including Benjamin Steinmetz were today dismissed by Mr Justice Andrew Baker four weeks into an eleven week trial in the Commercial Court. The dismissal followed Vale’s request to discontinue the proceedings on an admission during trial that all of […]
Members of Essex Court Chambers were delighted to support the Arbitration Act 1996 at 25, a hybrid conference that took place on Monday 31 January 2022. The event was very well attended in person, as well as online; and feedback from those who attended has been excellent. Speakers included Lord Saville and Graham Dunning QC. […]
