Article appeared in Entertainment Law Review issue 2 2014 published by Thomson Reuters.
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Volatility in the commodity markets – together with events such as the financial crisis, liberalisation of the gas markets in Europe, the development of gas hubs and the continuing influx of liquefied natural gas (LNG) into Europe – has put increasing pressure on pricing in many long-term gas sales agreements into continental Europe. This has […]
Leading legal weekly The Lawyer has unveiled its Hot 100 list for 2014 naming the high-flyers who it believes will help shape the legal profession in the year to come and David Foxton QC of Essex Court Chambers is one of the eleven barristers considered “hot” and listed in the Bar section. This is what […]
The Lawyer has published its list of the Top 20 Cases due to be heard in 2014. Several members of chambers are acting in large scale, high profile trials included in this list: David Foxton QC, Stephen Houseman QC and Tom Ford (instructed by Clyde & Co) defend Clifford Chance’s Frankfurt partnership in a US$210m professional […]
For the first time, Chambers & Partners has introduced The Chambers 100 UK Bar, which ranks the top barristers in the UK, according to its research. To be in the initial shortlist of 200 Silks and 200 Juniors, lawyers had to be ranked in Bands One or Two or as ‘Star Individuals’ in a key […]
Key decision before the Eastern Caribbean Court of Appeal On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments. The previous restrictive reading of the BVI […]
Every year, leading legal publication Legal Week identifies and profiles the 10 most acclaimed young barristers “making their mark in a fiercely competitive arena” and this year Siddharth Dhar and Amy Sander of Essex Court Chambers were among the ten selected. The results were formed by contacting more than 350 solicitors, barristers, Queen’s Counsel and […]
The Supreme Court in its judgment of 23 October 2013, and in an enhanced bench of seven judges, unanimously held that the definition of terrorism in the Terrorism Act 2000 was intended to be wide and could thus include acts by insurgents against the armed forces of a state anywhere in the world in the […]
Toby Landau QC and Joe Smouha QC of Essex Court Chambers, instructed by law firm Reed Smith, were part of the teams representing and advising the Ministry of Justice of the Republic of Kazakhstan (RoK), in the successful challenge of two arbitrations worth £1.9bn, recently brought before the International Centre for Settlement of Investment Disputes […]
Sir Frank Berman QC was one of the lead counsel for Cambodia in the case against Thailand at the International Court of Justice over the Temple of Préah Vihear, where the Court has pronounced a unanimous Judgment in Cambodia’s favour. This is a ground-breaking case, in which the Court for the first time in its […]
DEUTSCHE BANK AG -v- SEBASTIAN HOLDINGS INC David Foxton QC (as the lead trial advocate) and Andrew Legg formed part of the team of counsel instructed by Freshfields Bruckhaus Deringer who successfully represented Deutsche Bank AG (DB) in litigation with Sebastian Holdings Inc. (SHI). Sebastian Holdings Inc. (SHI), which is a Monaco-based investment firm wholly […]
London Steam Ship Owners Mutual Insurance Association Ltd v Spain 2013 WL 4788858. QBD (Comm). Walker J. 20 September 2013
The case, a dispute between a London P&I Club and the Kingdom of Spain, involving one of the largest oil spills in recent years, raises the issue of when an applicant that took no part in the arbitral proceedings can challenge an arbitration award. The High Court’s decision to confirm the primacy of the “Dallah principle”, by giving Spain full opportunity to challenge the tribunal’s jurisdiction at the enforcement stage and granting the necessary extensions, emphasises the primacy that the English courts place on preserving a party’s ability to challenge a tribunal’s jurisdiction in circumstances where that party has chosen not to participate in the proceedings. The Court also considered the argument that no time limit was applicable to challenges under s. 72(2) and held that whilst a non-participating party wishing to challenge an award under s.72(2) is prima facie obliged to comply with the 28-day time limit set out in s.70(3), the Court will have regard to the Dallah principle in considering whether a time extension will be granted.
Sara Cockerill QC and Anna Dilnot acted for the defendant, the Kingdon of Spain; instructed by K&L Gates LLP.
