Time for law journals to be less precious about rejected articles

I had an experience this week that reminded me of something that happened to me in the late 1980s and it was not particularly pleasant. I wrote a piece for a conference knowing that the organizers were not going to publish the papers. So, I sent it to a law journal who sent a slightly […]

2023 – the centenary of the Geneva Protocol

Next year marks the centenary of an event largely ignored at the time and almost forgotten about now:  the Geneva Protocol on Arbitration Clauses. The Protocol, though, has a significance far beyond the shallow memories of the 21st Century. It was the first ratified international treaty on the enforcement of private arbitration agreements. It laid […]

Insolvency and English arbitration law – a quick reminder

Financial Conduct Authority v Carillion Plc [2021] EWHC 2871 (Ch) reminds arbitration lawyers that section 130(2) of the Insolvency Act requires the claimant to seek the leave of the insolvency court to start an arbitration against a company where a winding-up order has been made or a provisional liquidator appointed. Section 130(2) says: When a […]

The US Supreme Court and the minimalist interpretation of Article II of the New York Arbitration Convention

In an unusual sighting in 2020, Justice Thomas wrote a pretty good judgement for the whole court, explaining that waiver or notions of estoppel  could be applied bya court to disable a ground for refusing enforcement of an arbitration agreement under Article II(3)  of the New York Convention: https://www.supremecourt.gov/opinions/19pdf/18-1048_8ok0.pdf. This is all about the disabling […]