header-logo header-logo

Arbitration Act 1996: key cases 2013-14 (Pt 2)

10 October 2014 / Khawar Qureshi KC
Issue: 7625 / Categories: Features , Arbitration , In Court
printer mail-detail

Khawar Qureshi QC reviews recent key arbitration decisions made by the High Court

Anti-suit injunctions

U&M Mining v Konkola [2013] EWHC 260 (15/2/13)

The claimant sought a final anti-suit injunction (pursuant to s 37 of the Senior Court Act 1981 and/or s 44 of the Arbitration Act 1996), to restrain the defendant from pursuing proceedings in Zambia. The parties were in a contractual relationship pursuant to which the claimant operated a copper mine owned by the defendant. The defendant terminated the contract on grounds of non-performance.

The defendant also obtained an interim mandatory injunction (ostensibly in support of arbitration) from the Zambian Court, to require the claimant to leave the mine immediately. The claimant commenced LCIA (London Court of International Arbitration) arbitration in London, and sought an anti-suit injunction against the Zambian proceedings, arguing that the seat of the arbitration was London. The defendant contested that the seat of the arbitration was Zambia.

Mr Justice Blair held: (1) the contract had not specified the seat of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll