Mon, 09 May, 2016
The Commercial Court has handed down judgment in proceedings relating to a US$1.6 million commodities arbitration relating to supply of blast-furnace grade coking coal. Paul Henton acted for the successful buyers in the arbitration and the Commercial Court proceedings, in which the Court dismissed applications by the Sellers for (i) an extension of time to challenge the Award under s. 80(5) of the Arbitration Act 1996, (ii) a challenge to the Award on grounds of serious irregularity under s. 68 of the 1996 Act, and (iii) an application for leave to appeal the Award under s. 69 of the 1996 Act.
The Judgment is noteworthy in that it confirms the continued applicability to post-1996 Act cases of Hobhouse J’s guidance in the Faith  2 Lloyd's Rep. 408 in cases where the statutory time-limit for appealing or challenging an Award is missed due to delays in collecting/paying for the Award. In obiter remarks, the Judge queried whether the approach ought not to be even stricter post- Mitchell v News Group Newspapers Ltd  1 W.L.R. 795 and Denton v TH White Ltd  1 W.L.R. 3926. The indications are therefore that the Courts will continue to take a strict approach against allowing time extensions where the necessity for an extension is due to the would-be appellant’s failure to pay for the Award in time.
The Judgment was reported on Lawtel on 9 May 2016 and on Lloyd’s Reporter on 25 April 2016. A free copy of the Judgment is available here.
Wed, 20 April, 2016
The Court of Appeal has ruled that a party to a contract containing a London arbitration clause is entitled to an anti-suit injunction on the contractual/The Angelic Grace basis against a 3rd party claiming under that contract in a foreign court pursuant to a foreign right of direct action even though there is no contract between the parties. In so doing, the Court of Appeal in The Yusuf Cepnioglu (2016) preferred its decision in The Jay Bola (1997) to that in The Hari Bhum (No. 1) (2004).
Chirag Karia QC of Quadrant Chambers acted for the successful claimant, The Shipowners’ P&I Club, in the Commercial Court and the Court of Appeal against Turkish charterers suing the Club in the Turkish courts under Turkey’s right of direct action against liability insurers.
A copy of the judgment is available here.
Thu, 14 April, 2016
The Supreme Court has decided that a private fishery for shellfish, established by prescription as existing since before Magna Carta, extends out to the lowest astronomical tide, as it may be from time to time. However, sandbanks which were previously separated from the foreshore and formed part of the public fishery, would not become part of the private fishery as a result of the gradual silting up of channels. The tenant of the fishery was represented at trial, in the Court of Appeal, and in the Supreme Court by Michael Davey QC of Quadrant Chambers, who has extensive expertise and experience in the law and practice of fisheries. A copy of the judgment can be found via the attached link.
Tue, 05 April, 2016
Quadrant Chambers is pleased to announce the publications of both the new 2nd Edition of The Law and Practice of Admiralty Matters, by Sarah Derrington and James M. Turner QC, and the new 14th edition of Marsden on Collisions at Sea, for which Simon Gault was a general editor and Thomas Macey-Dare a contributing editor.
Marsden on Collisions at Sea is the undisputed authority in its field. The new edition contains substantial commentary on recent legislation across the board in shipping law from some of the world’s leading shipping law authors and academics. Marsden examines existing and recent case law and regulatory developments, especially the new International Convention on Wrecks, with enhanced coverage of underwater cultural property and treasure, and it will offer greater coverage of international conventions and decisions, as well as the awards system of salvage arbitrators. Details of how to obtain a copy can be found here.
The Law and Practice of Admiralty Matters, published by Oxford University Press, is unique in its comparative approach to the jurisdiction of the Admiralty Court, with coverage of the law and practice not just in England and Wales, but in Australia, New Zealand, Canada, Singapore, Hong Kong and South Africa. It has been fully revised and updated with significant developments in both the substantive law and procedural rules, including changes to the 1976 Limitation Convention and to the rules on stay for arbitration, the jurisprudence on arrest procedures and cross-border insolvencies, as well as judicial and academic evaluations of the true nature of a maritime lien. Interactions with the recast Brussels jurisdiction and insolvency regulations are also discussed in this second edition. Details of how to order a copy and how to obtain a complimentary discount can be found via the attached link.
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.