Training course summary

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• Anti-suit injunctions, arbitration & the EU – “The Front Comor” • The law of anti-suit injunctions – the dramatic remedy by which the English court restrains a party from pursuing proceedings before the courts of another country – is currently in flux. • We are awaiting the response of the ECJ to the reference made by the House of Lords in The Front Comor . • The decision of the ECJ will determine questions of considerable public importance – such as the ability of the English courts to protect London 's role as a centre of international arbitration. • The relationship of anti-suit injunctions and the Brussels-Lugano regime also raises fundamental questions as to the compatibility of the essential logic of English jurisdictional law and EU law. • Challenging an arbitration award • The existing framework and trends in challenges – ss. 67, 68 and 69 of the Arbitration Act 1996 • Lesotho Highlands – challenging for serious irregularity as a means around a bar on appeals on questions of law • Bias and the Human Rights Act as a ground of challenge – ASM Shipping • Fiona Trust v Privalov – separability and jurisdiction • Is there room for change? – findings from a survey of the Act on its 10 th anniversary • Jurisdictional challenge in arbitration – bilateral investment treaties • Justiciability in national courts of awards of ad hoc BIT tribunals: the issues • s67 Arbitration Act 1996 in this context • Republic of Ecuador v Occidental: English courts give consideration to the problem • The reasoning of the courts in Republic of Ecuador v Occidental • The implications of the decision(s) • The different position of ICSID arbitration Speaker/s • THOMAS RAPHAEL's fields of expertise include general commercial law, shipping, transport, commodities, insurance and re-insurance, financial services, competition, and private international law. Chambers and Partners (2007) recommend him for Shipping and Commodities. He is recommended for Commercial Litigation and Shipping by The Legal 500 (2006). • CLARE AMBROSE has been in practice since 1993 at 20 Essex Street specialising in international and domestic commercial matters. She has also had several appointments as an arbitrator including recent appointments by the LCIA and ICC. She has written a book on maritime arbitration and has been consistently recommended as a commodities practitioner in the Legal 500 and Legal Experts. • ANGHARAD PARRY specialises in advisory and advocacy work in a wide range of commercial and private international law disputes concerning sale of goods, carriage of goods, shipping, admiralty, arbitration and public international law work (particularly involving contracts between states and private entities). She has been involved in a number of high value arbitrations, including before the ICC.

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