Jurisdiction and applicable laws

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Jurisdictional issues arising in international arbitration

This Practice Note identifies some of the jurisdictional issues that often arise in international arbitration. It indicates how those challenges may arise and what recourse a party may have. See Practice Note: Jurisdictional issues arising in international arbitration.

Applicable laws in international arbitration

This Practice Note gives guidance on the important subject of the various laws that may apply in an international arbitration. It sets out the circumstances where different laws may apply and gives guidance as to how the relevant law will be identified. See Practice Note: Applicable laws in international arbitration.

Anti-suit injunctions in arbitration (England and Wales)

This Practice Note sets out what an anti-suit injunction is in the context of arbitration, how and when it might be used to restrain the breach of an arbitration agreement. It gives details of the English court's jurisdiction to grant such an injunction under both AA 1996, s 44 and SCA 1981, s 37 and the relationship between those provisions. The note gives information about the scope of an injunction (if awarded) and the court's approach

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Latest Arbitration News

V & another v K—guidance on disclosure and bias in maritime arbitrations

Arbitration analysis: This judgment will be of particular interest to maritime arbitration practitioners, and also to those in arbitration more generally (both lawyers and arbitrators themselves). The Commercial Court has provided a detailed review of apparent bias and arbitral duties of disclosure in the context of the London maritime market, particularly London Maritime Arbitration Association (LMAA) arbitrations. The court has clarified the extent of a maritime arbitrator’s duties of disclosure, recognizing the London market practice for the same arbitrators to be appointed across multiple different disputes by the same appointing party. Given the practice is well known to those in this market, there is no duty of disclosure. The court has also underscored the difficulties of making out apparent bias: the threshold test is high and not easily met. The judgment reviews factors that the fair-minded observer would consider when considering whether there was a real possibility of bias. Written by Angharad Parry KC, barrister at Twenty Essex.

Scottish Arbitration Centre appoints Rebecca Wyke as Deputy Registrar

The Scottish Arbitration Centre has appointed Rebecca Wyke, Associate at Howard Kennedy, as its Deputy Registrar to support the work of Registrar Duncan Bagshaw and the Centre’s Court. The announcement was made on 26 June 2025 during the Centre’s Arbitration Training Day in Edinburgh. Wyke, who hails from Edinburgh and advises on international commercial disputes, will support the Centre on a secondment basis.

SCIA announces new arbitration fee regulations with reduced costs from July 2025

The Shenzhen Court of International Arbitration (SCIA) has introduced revised arbitration fee regulations that will take effect from 1 July 2025. The new framework features a unified fee structure for both domestic and international cases and includes a fee cap for disputes exceeding 3bn yuan. It also provides enhanced fee preferences for early settlements. Additional improvements in the regulations include the expansion of hourly billing options across all case types, as well as industry-specific fee reductions of 5% for disputes involving securities, futures, intellectual property, and maritime arbitrations. These changes are designed to increase fee transparency and reduce overall arbitration costs for the parties involved. The revised arbitration fee rules will apply to cases accepted by the SCIA from 1 July 2025 onwards, while cases accepted on or before 30 June 2025 will continue to be governed by the original rules.

Legal representative for P&ID seeks to appeal critical findings against him to the Court of Appeal (P&ID and Seamus Andrews)

Arbitration analysis: The case concerned Seamus Andrew’s application for permission to appeal findings made against him in the High Court severely criticising his conduct. The Court of Appeal refused his application, holding that it was out of time and that permission should have been sought at first instance. The court also found that even if permission had been granted, the appeal would have been dismissed. The case re-states legal practitioner’s obligations in respect of privileged documents, while addressing legal professional ethics more broadly. It also considers the risks inherent in satellite litigation arising from section 68(4) orders and provides insight into appropriate appellate procedure. Written by Tope Adeyemi, barrister and Arbitrator at 33 Bedford Row Chambers.

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