Brexit

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On exit day (ie 11:00 pm on 31 January 2020, as defined in section 20 of the European Union (Withdrawal) Act 2018, the UK ceased to be an EU Member State and lost its entitlement to participate in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK was treated by the EU as a Member State for many purposes.

The implementation period ran until 11 pm on 31 December 2020, a point known as IP completion day (as defined in section 39 of the European Union (Withdrawal Agreement) Act 2020. During that period, the UK was obliged to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submit to the continuing jurisdiction of the Court of Justice of the European Union

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Latest Arbitration News

Uganda Commercial Court extends time for setting-aside applications and clarifies arbitrator’s lien

Arbitration analysis: In a bold ruling, the Uganda Commercial Court has broken with binding Supreme Court precedent and its own prior decisions, holding that it has authority to extend the one-month statutory time limit for applying to set aside an arbitral award where there is prima facie a serious ground for setting aside and the interest of justice requires that time be extended. Though open to doubt, the ruling is likely to influence future legislative reform. The court also clarified the effect of an arbitrator’s lien over an award (exercised due to non-payment of their fees) on the timeline for setting aside, holding that the one-month time limit for the setting-aside application begins to run on the date on which the arbitrator actually avails the award to the parties (including the party in default of payment) or makes it available for their collection (typically from the institution administering the arbitration) and not on the date on which the arbitrator informs the parties that the award is ready but has been withheld under lien or even on a prior date on which the award may have been dated and signed but not availed. This is so regardless of who is to blame for the exercise of the lien or who has paid more than their fair share of the arbitrator’s fees to access the withheld award. This holding might incentivise rather than discourage deliberate non-payment of arbitrators’ fees with the intention of delaying issuance of final awards. Written by Hussein D. Gulam, MCIArb, arbitration and litigation attorney at MMAKS Advocates.

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