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 […]
News & publications
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.
Who’s Who Legal has named Toby Landau QC as the most “highly regarded individual” in international arbitration for 2014. He receives the accolade in the 2014 edition of The International Who’s Who of Commercial Arbitration, which was compiled through a peer and client endorsement process. While he has previously appeared in the top 25, it […]
Legal Week has announced the shortlist for The British Legal Awards 2013, celebrating achievement, excellence and innovation in the legal industry and Essex Court Chambers is one of seven sets nominated for Chambers of the Year. The winner will be announced at the awards ceremony at Old Billingsgate Market on 28 November.
At last night’s Chambers Bar Awards ceremony, for the ninth year running, Essex Court Chambers and its members went home with the International Arbitration Set of the Year Award; David Joseph QC was awarded Arbitration Silk of the Year. In the same week, The Legal 500 announced the winners of its awards which were only […]
Currently, only biological mothers are entitled to maternity leave under the Equality Act 2010. On 26 September 2013, Advocate General Kokott’s Opinion in the case of CD v ST was published by the Court of Justice of the European Union. AG Kokott considered that intended mothers (as opposed to biological mothers) who have a baby […]
Essex Court Chambers is pleased to announce that Andrew Hochhauser QC has been authorised to sit as a Deputy High Court Judge in the Chancery Division of the High Court