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Dispute Resolution

Arbitration Law Service Issue 93 now available

Service Issue 93 (March 2023) now published

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Service Issue 93 of Arbitration Law reflects on changes suggested by the Law Commission's Consultation Paper 257, concerning proposals to reform the English Arbitration Act 1996.

Recent cases discussed include:

2022 review of Hong Kong SAR arbitration case law

Now published in Arbitration Law Monthly

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This special feature explores selected arbitration-related court decision highlights and legislative initiatives in 2022, which will likely have significant ramifications for the arbitration community. 

Written by Edward Liu, Maggie Lee, Manly Lam and Bridget Yim, Haiwen & Partners LLP

Arbitration Law Monthly

Serious irregularity: apparent bias and interim payments

The decision of Andrew Baker J EGF v HVF and Others [2022] EWHC 2470 (Comm) discussed two distinct allegations of breach of duty by the tribunal: its handling of evidence of fraud, giving rise to an allegation of potential bias; and its decision to make an interim payments order in the form of an award.
Online Published Date:  02 Apr 2023
Appeared in issue:  Vol 23 No 4 - 02 Apr 2023

Scope of arbitration clause: liability and quantum disputes

It has for many years been the practice for arbitration clauses in insurance policies to draw a distinction between quantum disputes (which are to be arbitrated) and liability disputes (which are to go to court). In one sense every dispute under an insurance policy is a quantum dispute, in that it inevitably affects how much - if anything - will ultimately be paid by the insurers. In DC Bars Ltd and Another v QIC Europe Ltd [2023] EWHC 245 (Comm) Sir Nigel Teare has held, in effect, that quantum disputes are concerned purely with calculation of sums owing on the basis that there is liability. This ensures that substantive issues are resolved in public, and only the maths is behind closed doors.
Online Published Date:  02 Apr 2023
Appeared in issue:  Vol 23 No 4 - 02 Apr 2023

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Current issue available

Arbitration Law Monthly

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Arbitration Law Monthly is a specially designed information service that provides you with critical and essential analysis of global arbitration court decisions. Covering a wide range of industries including construction, banking, energy, gas, insurance, oil and shipping, Arbitration Law Monthly offers you a convenient round-up of news, information and analysis in an easy-to-read format.

The most recent issue of Arbitration Law Monthly is available here.

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