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26 May, 2021 BVI Court sets aside enforcement and related orders against Pakistan

The BVI Commercial Court has set aside ex parte orders obtained by Tethyan Copper Company Pty Limited (“Tethyan”) recognising and partially enforcing a US$6bn ICSID Arbitration Award (Case No. ARB/12/1) against the Islamic Republic of Pakistan (“Award”). In December 2020, Tethyan obtained ex parte orders against the Islamic Republic of Pakistan and other respondents, including […]

26 May, 2021 Role of public policy and illegality in the enforcement of foreign judgments

On Friday 21 May the Court of Appeal handed down judgment in Lenkor Energy Trading DMCC v. Puri [2021] EWCA Civ 770. The Claimant (“Lenkor”) sought to a enforce a Dubai judgment against the Defendant (“Mr Puri”). The Dubai judgment held Mr Puri personally liable in the sum of about AED123m (about $34m) for drawing […]

24 May, 2021 Interim anti-suit injunction granted to enforce English arbitration clause

On 29 April 2021 Mr Justice Calver granted an interim anti-suit injunction in favour of the claimant and also permission to serve out and for alternative service. The judgment has been published as ZHD v SQO [2021] EWHC 1262 (Comm). The order gives effect to the arbitration clause incorporated into a bill of lading and  […]

21 May, 2021 SFO v Litigation Capital & Others: Guidance as to Equitable Principles

Judgment in SFO & Anr v Litigation Capital Ltd & 46 Ors (In re Gerald Martin Smith) was handed down by Mr Justice Foxton on 18 May 2021 (the “Trial Judgment”) following a seven week fully remote trial which took place between January and March 2021. Foxton J also handed down a substantial judgment on […]

21 May, 2021 Aspiring barristers from underrepresented groups invited to pupillage workshop on 17 June

Blackstone Chambers, Brick Court Chambers, Essex Court Chambers, Fountain Court Chambers, One Essex Court Chambers and Three Verulam Buildings are delighted to invite all current mentees in the Mentoring for Underrepresented Groups scheme to attend a virtual pupillage workshop on Thursday 17 June from 6pm to 8pm. The workshop will be hosted by the six […]

19 May, 2021 Jurisdiction in multi-party software dispute

On 19 May 2021, judgment was issued in Trappit S.A. & others v. American Express Europe LLC & another [2021] EWHC 1344 (Ch) by Mr Justice Snowden sitting remotely in the Intellectual Property List of the Chancery Division in the High Court in London.  This judgment concerns a challenge to jurisdiction heard over two days […]

18 May, 2021 Indian court grants anti-execution order for the first time

In Interdigital Technology Corporation & Ors. vs. Xiaomi Corporation & Ors, the Delhi High Court was the first court in India to deal with the issue of an anti-execution injunction. The novelty of the issue was highlighted by HMJ Harishankar at paragraph 82 of the judgment: “The tests which would govern consideration of an application […]

18 May, 2021 CJEU Judgment: Guidance as to Application of The Precautionary Principle

On 6 May 2021, the Court of Justice of the European Union (First Chamber) (“CJEU”) gave judgment in Case C-499/18 P Bayer CropScience AG and Others v European Commission. The case is the culmination of long-running litigation concerning neonicotinoid pesticides and their alleged effects on bees.  The judgment is significant for what it says about […]

5 May, 2021 Spotlight on New Silks

On 17 December 2020 the Lord Chancellor announced the results of the Queen’s Counsel appointments. Five members of Essex Court Chambers were appointed Queen’s Counsel. Whilst the 2021 silk appointment ceremony is currently delayed due to the pandemic, all members were appointed virtually on March 15 2021. Learn more about each of our new silks […]

5 May, 2021 Power to Stay Professional Negligence Claim against Foreign Lawyer

Earlier this year judgment was handed down in Premier Cruises Ltd. v. DLA Piper Rus Ltd. [2021] EWHC 151 (Comm) (David Edwards Q.C.), the two defendant firms of solicitors, DLA Russia and DLA UK, both part of the DLA Piper group, sought a stay of the professional negligence claims brought against them by their former […]

5 May, 2021 Service Of Arbitration-Related Proceedings

The recent judgment of Foxton J in M v. N [2021] EWHC 360 (Comm) provides welcome clarification as to the circumstances in which the Court will make an order for alternative service of an arbitration claim form where the defendant is domiciled in a Hague Service Convention (HSC) country, or in a jurisdiction that is […]

4 May, 2021 Judgment in Yukos v Russia enforcement application

The Commercial Court (Henshaw J) has given judgment in relation to the case of (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation [2021] EWHC 894. These proceedings concern the Claimants’ efforts to enforce in England high-profile arbitral awards handed down in 2014, in which the tribunal found […]

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