Mon, 04 April, 2016
Nigel Cooper QC has been asked to speak at a number of events in the Far East during April, including the Litigation Conference Workshop in Singapore on 7th & 8th, and The Inter-Pacific Bar Association’s (“IPBA”) 26th Annual Meeting and Conference in Kuala Lumpur, between 13th and 16th.
The Litigation Conference Workshop will be presented by the Law Society of Singapore and held at Marina Bay Sands, Sands Expo and Convention Center. It is designed to allow attendees to develop and improve their litigation skills on a practical level. Queen’s Counsel and Senior Counsel, together with senior members of the Singapore Bar, will be the trainers for this workshop.
The IPBA Conference will held at the Kuala Lumpur Convention Centre. The theme for this year will be ‘Diverse Challenges, Global Solutions’ and will centre on the international flavour and global nature of business transactions, which has been the catalyst for the increasing prevalence of international norms and laws and the opening up of jurisdictions with respect to trade, business and the practice of law.
Thu, 31 March, 2016
Quadrant Chambers has been certified under the Cyber Essentials Scheme. This is a government-backed, industry supported scheme to help organisations protect themselves against common cyber attacks.
Quadrant Chambers are delighted to announce that our IT systems have recently been assessed under the Government's Cyber Essentials Scheme Test Specification and we have been awarded Cyber Essentials certification.
The Cyber Essentials scheme has been developed by Government and industry to fulfil two functions. It provides a clear statement of the basic controls all organisations should implement to mitigate the risk from common internet based threats, within the context of the Government’s 10 Steps to Cyber Security. Through the Assurance Framework it offers a mechanism for organisations to demonstrate to customers, investors, insurers and others that they have taken these essential precautions. The Cyber Essentials Scheme covers the basics of cyber security in an organisation’s enterprise or corporate IT system. Implementation of these controls can significantly reduce the risk of prevalent but unskilled cyber-attack.
Chambers' systems were assessed on five key controls:
Wed, 16 March, 2016
Lucas Bastin, in a piece co-authored with Aimee-Jane Lee of Debevoise & Plimpton LLP, has published an article in the American Journal of International Law on the recent ICSID Award in Venoklim v Venezuela.
The article considers all aspects of that Award, but gives particular attention to the issue of nationality of claimant and owner entities under the ICSID Convention and the Venezuelan investment statute, and the issue of consent to arbitration in the context of a denunciation of the ICSID Convention. The index of the Journal and a means of obtaining a copy of the article is available here.
Thu, 03 March, 2016
In W Limited v M Sdn Bhd  EWHC 422 (Comm), Luke Parsons Q.C. and Caroline Pounds acted on behalf of M Sdn Bhd (“M”) and successfully resisted a challenge made to two arbitration awards pursuant to s. 68 of the Arbitration Act 1996 (“AA 1996”) on the grounds of apparent bias based on an alleged conflict of interest.
A copy of the judgment is available here
The Judgment, which was handed down on the 2nd March 2016 will be of interest to all those who practise in the field of international arbitration, not only for its practical application of the well-established English common law test for apparent bias, but also for Mr Justice Knowles’ pertinent observations on the 2014 edition of the International Bar Association Guidelines on Conflicts of Interest in International Arbitration (“the IBA Guidelines”).
Mon, 29 February, 2016
Joseph England recently interviewed Sir Richard Aikens on his retirement from the Court of Appeal, which appeared in the recent edition of Counsel magazine.
Please click here to view full article.
Fri, 26 February, 2016
Acting for a Swiss client, Michael McParland has successfully challenged the jurisdiction of the English courts over a multi-million pound claim about the ownership of shares in two BVI holding companies created for the deceased Israeli billionaire, Mr Sami Shamoon.
After a 5 day hearing in the Chancery Division, Mr Justice Henry Carr held the claims brought against the other defendants, Mrs Shamoon and her daughter, fell within the “succession” exclusion to the Brussels I Regulation, and thus the Claimant was not entitled to seek to join Michael’s client to the action under the provisions of Article 6(1) of the Lugano Convention (2007). In any event, the judge agreed with Michael’s argument that Article 6(1) was not engaged as the court held there was no risk of irreconcilable judgments: Winkler v Shamoon  EWHC 217 (CH). A copy of the judgment is attached.
Thu, 25 February, 2016
Court of Appeal decides meaning of "Hague Rules as enacted"
David Goldstone QC leading Ben Gardner appeared on behalf of the shipowners and Robert Thomas QC acted for cargo interests in an important decision on the meaning of a standard term in bills of lading.
Reversing the judgment of Males J below, the Court of Appeal held that "the Hague Rules as enacted in the country of shipment" was apt to refer not only to the original Hague Rules as enacted in the country of shipment, but also to the Hague-Visby Rules.
The judgment is available here.
Wed, 17 February, 2016
Max Davidson successfully represented Ryanair in its appeal against the Secretary of State for the Home Department’s decision to impose a charge upon Ryanair pursuant to section 40 of the Immigration and Asylum Act 1996 for the carriage of two passengers who travelled into the United Kingdom on false passports.
The appeal, which was the first such appeal brought in relation to section 40, considered the question of whether the falsity of the passports used by the passengers was “reasonably apparent”. His Honour Judge Lochrane, in allowing Ryanair’s appeal, gave guidance in respect of the meaning of the words “reasonably apparent” and how that objective standard should be assessed. The Judge observed that there was no statutory definition of the words “reasonably apparent” and made comments, which will be of particular interest to airlines and ferry operators, relating to the inconsistent exercise by the Secretary of State of her charging powers under section 40. A transcript of the Judgment is available here.
The Times news article is available by clicking here.
Mon, 15 February, 2016
Quadrant Chambers is delighted to announce the publication of the Winter 2015/2016 edition of the International Arbitration Newsletter.
Please Register or Login to download the publication document.
Fri, 12 February, 2016
James M. Turner QC and Paul Toms appeared on behalf of the former owner of the super yacht, 4 YOU, successfully resisting an appeal by brokers against Males J's dismissal of their claim for commission on its sale.
An ex tempore judgment was handed down by the Court of Appeal on 11 February 2016. Ruth Hosking was involved at an earlier stage in the proceedings.
The appeal concerned the scope of authority of a chartering broker and effective cause in the context of claims for agents' commission.
A copy of the first instance judgment can be viewed via the attached link.