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10 October 2014 / Khawar Qureshi KC
Issue: 7625 / Categories: Features , Arbitration , In Court
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Arbitration Act 1996: key cases 2013-14 (Pt 2)

Khawar Qureshi QC reviews recent key arbitration decisions made by the High Court

Anti-suit injunctions

U&M Mining v Konkola [2013] EWHC 260 (15/2/13)

The claimant sought a final anti-suit injunction (pursuant to s 37 of the Senior Court Act 1981 and/or s 44 of the Arbitration Act 1996), to restrain the defendant from pursuing proceedings in Zambia. The parties were in a contractual relationship pursuant to which the claimant operated a copper mine owned by the defendant. The defendant terminated the contract on grounds of non-performance.

The defendant also obtained an interim mandatory injunction (ostensibly in support of arbitration) from the Zambian Court, to require the claimant to leave the mine immediately. The claimant commenced LCIA (London Court of International Arbitration) arbitration in London, and sought an anti-suit injunction against the Zambian proceedings, arguing that the seat of the arbitration was London. The defendant contested that the seat of the arbitration was Zambia.

Mr Justice Blair held: (1) the contract had not specified the seat of

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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