Olivia Fox

Nov 6, 2024 | mondaq.com | Paul Stothard |Joseph Bentley |Olivia Fox

In a recent decision, the English High Court struck out what it described as a 'hopeless and abusive' claim that amounted to a de facto challenge to an award issued in a London-seated LMAA arbitration and, in doing so, issued useful guidance on: How Section 73(2) of the Arbitration Act 1996 (the Act) operates under English law. The consequence of failing to mount a timely challenge under the Act, in this case under sections 67 and 66(3).

Apr 30, 2024 | mondaq.com | Paul Stothard |Joseph Bentley |Andrew Judkins |Olivia Fox

In a long-running dispute, taking in no less than three arbitrations spanning 26 years cumulatively (involving allegations of state interference in the arbitral process), the Court has provided useful guidance on the ss.67 and 68 challenges, particularly in the context of investor-state claims, including: the importance of raising jurisdiction and serious irregularity objections in a clear, positive and timely manner during the arbitration (and maintaining the objections throughout) to avoid...

Feb 19, 2024 | mondaq.com | Paul Stothard |Olivia Fox

In an extraordinary judgment from the English High Court on 23 October 2023, Nigeria successfully challenged a US$11 billion arbitral award under Section 68 of the Arbitration Act 1996 (the Act) on the basis that the award was obtained by fraud and conduct contrary to public policy, including bribery of a witness, improper retention of privileged documents and perjury by a key witness.

Jul 18, 2023 | mondaq.com | Joseph Bentley |Olivia Fox

The arbitrability of intra-EU disputes under the Energy Charter Treaty (ECT) has been a vexed issue in recent years, particularly following EU court decisions which have cast doubt on the compatibility with EU law of investor-state arbitration in international treaties involving EU Member States and as criticisms of the ECT have grown louder and more numerous.

Jul 10, 2023 | birminghammail.co.uk | Olivia Fox