The members of Essex Court Chambers are delighted to announce that Dame Rosalyn Higgins DBE QC has recently been honoured with the award of a Dame Grand Cross (GBE) in the New Year’s Honours list 2019. The short citation included in New Year’s Honours 2019: Foreign and Commonwealth Office press release states that the GBE goes to […]
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The arbitral tribunal in Oschadbank v Russian Federation has rendered the first award concerning both jurisdiction and merits in relation to claims under the Russia-Ukraine Bilateral Investment Treaty arising out of the annexation of Crimea (https://uk.reuters.com/article/ukraine-russia-oschadbank/ukraines-oschadbank-awarded-1-3-bln-from-russia-over-crimea-loss-idUKL8N1Y15GC). In accordance with one of the main methods of proving the applicable law in investment treaty arbitration, Professor Malcolm Shaw […]
On 10 December 2018 the Court of Justice of the European Union ruled in Wightman v Secretary of State for Exiting the European Union that the United Kingdom was entitled unilaterally to revoke the notice of its intention to leave the European Union delivered under article 50 of the Treaty on European Union. The Full […]
Essex Court Chambers has received 12 nominations across 10 categories for the Legal 500 UK Awards 2019. Head of Chambers, David Foxton QC, Head of Chambers said “we are delighted at the excellent showing of Essex Court Chambers in the nominations for the Legal 500 Awards for 2019, with nominations as a set across five practice […]
An injunction has been granted by the Commercial Court to an international company in order restrain a former senior employee from working for a competitor in breach of an 18 month non-competition covenant contained in a Shareholders Deed which also contains clause in favour of LCIA arbitration. The Court considered the proper application of Egon […]
The members of Essex Court Chambers are extremely pleased to have received the award for Chambers of the Year at the British Legal Awards 2018, hosted by Legal Week, which took place last night at Finsbury Square. A team of members and staff from Essex Court attended to collect the award. The British Legal Awards […]
The Commercial Court (Andrew Baker J) has held that an arbitrator who decided the case on the basis of a matter not argued by either party had committed a serious irregularity under s.68 of the Arbitration Act 1996. The Tribunal, consisting of a sole arbitrator, had fallen into error when it decided to declare the […]
On 21 November 2018 the Court of Appeal handed down judgment in Aspen Underwriting v. Credit Europe Bank NV [2018] EWCA Civ 259, a case concerning the rules of jurisdiction in ‘matters relating to insurance’ under the Brussels Re-Cast Regulation 1215/2012. Among the issues considered was whether the third defendant bank, which is domiciled in […]
On Friday 9 November 2018 the Commercial Court gave judgment in favour for 23 former employees of AIG on breach of contract claims in relation to monies which were not paid following the bail out of AIG in 2008. The contract claims turned principally on the construction of a Connecticut law deferred compensation scheme. The […]
Following a number of high-profile investments by private equity interests in North Sea infrastructure, this article by David Foxton QC and David Davies published in the International Energy Law Review [2018] I.E.L.R. 55 considers the legal obstacles which the terms of the Joint Operating Agreement regulating the relationship of the co-owners to an asset may […]
In ED&F Man v RJ O’Brien and others, the DIFC Court of First Instance (H.E. Justice Omar Al Muhairi) dismissed pre-trial applications brought by the Defendants, including an application for an anti-suit injunction to restrain proceedings in the United States. The DIFC held, on application of English common law principles, that the United States proceedings […]
In a claim in the Commercial Court, Christopher Hancock QC (sitting as a Judge of the High Court) found in favour of a Chinese manufacturer, Yuchai Dongte, in its claim for payment on a Letter of Credit. The issues before the Court were: (a) whether the Defendant financial services firm was the issuing bank of […]
