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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

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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