Overview

London’s status as one of the world’s leading centres for international arbitration has been further enhanced by the landmark judgment of Mr. Justice Tomlinson in B v. A [2010] EWHC 1626 (Comm), in which Latham & Watkins represented Party A. The judgment clearly demonstrates how the English courts maintain the balance between supporting and supplanting the arbitral process, and represents a triumph for the finality of English arbitral awards.

In practical terms, the judgment will give parties increased confidence that a choice of London as the seat for their arbitration will bring with it solid supervisory courts that will not, without very good reason, entertain long and expensive challenges to awards or try to second guess the arbitrators’ determinations of foreign law. It will also be a welcome decision for those in other jurisdictions influenced by English arbitration law.

To read on click ‘View Briefing’