Commercial Court clarifies requirements for appointing arbitrators

In ARI v WXJ [2022] EWHC 1543 (Comm) Foxton J considered when an arbitrator is validly appointed under English arbitration law. James Leabeater QC and Gideon Shirazi acted for the party pseudonymised as WXJ. The facts of the case were that an LMAA arbitration clause required the arbitration respondent to appoint an arbitrator within a […]

25th July 2022

The “Tai Prize”: permission to appeal refused by the Supreme Court

The Supreme Court has refused permission to appeal in The “Tai Prize”, so affirming the decision of the Court of Appeal ([2021] EWCA Civ 87; [2021] 2 Lloyd’s Rep 36). That decision, commented on more fully here, therefore stands as the leading authority on a number of important issues concerning inter alia the meaning of […]

25th April 2022

Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm): High Court upholds award of third-party funding costs

The recent decision of Mrs Justice Moulder DBE in a challenge to an arbitration award brought under section 68 of the Arbitration Act 1996 (“the 1996 Act”) reinforces the reluctance of the English courts to intervene in arbitration appeals. Most importantly, the decision confirms the approach taken in Essar Oilfields Services Ltd v Norscot Rig […]

11th January 2022

New Commercial Court decision on recoverability of funding costs in arbitration

James Leabeater QC appeared in Tenke Fungurume Mining SA v Katanga Contracting Services [2021] EWHC 3301 (Comm),in which the Court considered whether an arbitral tribunal could award funding costs; specifically, a fee payable under a loan advanced by a company associated with a shareholder to fund costs of the arbitration. Such a fee would not be […]

7th December 2021

London International Shipping Week 2021

London International Shipping Week logo 2021

London International Shipping Week 2021 is a week long global shipping and maritime event that is being held during the week of September 13-17, in person and virtually, attracting audiences from jurisdictions globally. LISW21 offers over 150 industry functions and unique networking opportunities for leaders across all sectors of the international shipping industry – regulators, charterers, […]

Assign of the times? JCT clause 7.2

TCC strikes out wrongly assigned claim Aviva Investors and others -v- Shepherd Construction Ltd [2021] EWHC 1921 (TCC) The TCC (Jefford J) has had to consider the longstanding but little used JCT provision permitting an employer to assign the right to bring proceedings in the employer’s name to a purchaser of the building. James Leabeater […]

9th July 2021

Rankings in The Legal 500 EMEA Guide 2021

4 Pump Court are delighted that Members of Chambers have been recognised for their commercial and construction work in the Middle East by the Legal 500 EMEA Guide 2021. Stephen Cogley QC has been included in the commercial rankings, whilst leading silks ranked in the construction guide include Sean Brannigan QC, Lord Marks QC, Duncan […]

19th April 2021

The Tai Prize: the Court of Appeal issues important new judgment on implied indemnities in charterparties

The Court of Appeal has today handed down judgment in the Tai Prize in which James Leabeater QC and Rani Noakes appeared for the appellant disponent owners and Alex Wright appeared for the respondent voyage charterers. The Court of Appeal complimented counsel on both sides for having made their written and oral submissions “with considerable […]

28th January 2021

Halliburton v Chubb in the Supreme Court – Challenging times?

With the Supreme Court’s judgment in Halliburton v Chubb hot off the press, in this article, James Leabeater QC and Anna Hoffmann take a first look at the judgment. 4 Pump Court’s joint head of chambers Nick Vineall QC and Andrew Stevens acted for the LMAA as an intervening party before the Supreme Court in […]

27th November 2020

Construction Newsletter – How far can you go? Anti-suit injunctions, interim relief and ICC Arbitration Rules: SRS v Chemie Tech

Introduction and background The ICC Arbitration Rules permit parties to seek interim relief before courts in support of an arbitration. But it is a breach of any exclusive arbitration clause to seek a substantive ruling from a court on issues which should be referred to an arbitration. Where, then, is the dividing line between interim […]

12th November 2020

Society of Construction Law Hong Kong – Online Annual Conference

We are delighted to be sponsoring the SCL Hong Kong Annual Conference again this year. Due to the Covid-19 pandemic, the conference will be held online by way of a series of four webinars. James Leabeater QC and Jessica Stephens QC of 4 Pump Court will be speaking at sessions 3 and 2 respectively. The […]

Choppy Waters: Navigating Claims Against Insolvent Counterparties

Our second involvency based webinar will be held on 9th June at 09:30 – 10:30 BST. The session will focus on the impact that COVID-19 has had on the bulk carrier market in the context of a practical scenario where several of a Shipyard’s customers have gone in to insolvent liquidation. Event Chair Stephen Cogley […]

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