Arbitration news round-up to 4 May 2016 | Practical Law

Arbitration news round-up to 4 May 2016 | Practical Law

Developments that may be of interest to arbitration practitioners for the week to 4 May 2016.

Arbitration news round-up to 4 May 2016

Practical Law UK Legal Update 7-627-5711 (Approx. 3 pages)

Arbitration news round-up to 4 May 2016

Published on 04 May 2016ExpandChina, England, International...Sweden, Wales
Developments that may be of interest to arbitration practitioners for the week to 4 May 2016.
We report in brief below on other developments that may be of interest to arbitration practitioners:
  • In Mace (Russia) Ltd v Retansel Enterprises Ltd (28 April 2016) (unreported), the English Commercial Court discharged a without notice injunction to restrain Russian arbitration proceedings because of material non-disclosure by the claimant, but it granted a new on notice injunction because the Russian proceedings were an improper attempt to subvert London arbitration proceedings. Although the LCIA Arbitration Rules which applied to the London arbitration proceedings would be fatal to an application for an injunction under section 44 of the Arbitration Act 1996, anti-suit injunctions fell under section 37 of the Senior Courts Act 1981 and accordingly, the court was not fettered by the restrictions in the LCIA Arbitration Rules. Further, the material non-disclosure on the without notice application would not prevent the grant of a fresh injunction.
  • Lord Saville, commercial arbitrator and a former Law Lord and Supreme Court Justice, has published an article in The Times in which he states that expanding the right of appeal from arbitral awards under the English Arbitration 1996 (1996 Act) would be "a wholly retrograde step". The article is in response to the Lord Chief Justice's recent comments that the 1996 Act could be reformed to enable more appeals to be brought before the English courts, providing "the means to maintain a healthy diet of appellate decisions, capable of developing the law particularly on issues of general public importance". For further information on the Lord Chief Justice's views, see Blog post, Replenishing the courts' diet: is section 45 of the Arbitration Act 1996 an answer?.
  • The Stockholm Chamber of Commerce (SCC) Chairperson and the Secretary General have signed the Equal Representation in Arbitration Pledge. The pledge aims to improve the profile and representation of women in arbitration and to appoint women as arbitrators on an equal opportunity basis. The pledge will be officially launched in London on 18 May 2016.
  • The Shanghai International Economy and Trade Arbitration Commission (SHIAC), also known as the Shanghai International Arbitration Center, has appointed 51 new arbitrators to its panel. The appointments took effect from 1 May 2016, and the SHIAC Panel of Arbitrators now consists of 909 arbitrators.