header-logo header-logo

Law digests: 17 November 2023

17 November 2023
Issue: 8049 / Categories: Case law , In Court , Law digest
printer mail-detail

Arbitration

Betta Oceanway Company v SC Tomini Trading SRL [2023] EWHC 2707 (Comm), [2023] All ER (D) 32 (Nov)

The Commercial Court dismissed the claimant’s application to set aside the order under s 68 of the Arbitration Act 1996 on grounds of serious irregularity falling within s 68.2(a) and/or (b), namely failure by the tribunal to comply with its general duty of fairness under s 33 of the Act and exceeding its powers. It was accepted that unless the court was persuaded that procedural order 6 was indeed an award, the application was bound to fail. It was submitted that procedural order 6 in substance amounted to an impermissible attempt to vary procedural order 5, which was itself an award, accordingly, procedural order 6 was therefore itself an award by extension. The court held that procedural order 5 was not an award. On that basis it could not realistically be argued that procedural order 6 was an award or in effect an addendum to that award.


Freedom of expression

Adil v General Medical

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
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
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll