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Law digests: 17 June 2022

17 June 2022
Issue: 7983 / Categories: Case law , In Court , Law digest
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Arbitration

National Investment Bank Ltd v Eland International (Thailand) Co. Ltd and another [2022] EWHC 1168 (Comm), [2022] All ER (D) 53 (May)

The Commercial Court allowed the claimant bank’s application for relief under s 72(1) of the Arbitration Act 1996 in circumstances where: (i) the first defendant, a Thai company in the same corporate group as the Ghanaian second defendant company, had commenced proceedings, in the Accra Court in Ghana (the Accra Proceedings), relating to a collateral management agreement which contained a permissive arbitration agreement; (ii) the claimant served a third party notice on the second defendant, making it a party to a counterclaim in the Accra Proceedings; (iii) the second defendant successfully applied to stay the Accra Proceedings in favour of arbitration; and (iv) the Commercial Court allowed the defendants’ application to appoint an arbitrator under s 18 of the 1996 Act. The court held, among other things, that both defendants had waived their right to arbitrate the disputes raised in the Accra Proceedings given that, as in The Mihalios Xilas

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Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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