June 04 2018

Craig Orr QC has given presentations to the Chancery Bar Association (at its restitution seminar) and Combar (at its conference in Vienna) on the Supreme Court’s recent decision in Morris-Garner v One Step, in which the Supreme Court clarified the circumstances in which negotiating damages (also known as Wrotham Park damages) are available for breach of contract.  Craig Orr QC appeared, together...

Glencore awarded anti-suit injunction in relation to US$2.857 bn proceedings in DRC

May 11 2018

Kamoto Copper Company SA v (1) Africa Horizons Investments Ltd and (2) Ventora Development SASU [2018] EWHC 1086 (Comm) Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857 billion in relation to the alleged assignment of a royalties agreement. The claimant and...

BTA turned away by English Court after losing claim in Turkey

April 17 2018

Mr Justice Butcher has upheld a challenge by Vakifbank, a Turkish bank, to the English Court’s jurisdiction to try a claim brought by BTA, a Kazakh bank, and its affiliate. The background was that BTA had given Vakifbank a guarantee, governed by Turkish law, of a debt. By the time Vakifbank called on the guarantee, BTA had entered an insolvency restructuring. Vakifbank made a claim in the insolvency,...

One Essex Court member speaks at UNCITRAL-LAC Arbitration Conference

March 26 2018

Craig Orr QC participated in the Joint UNCITRAL-LAC Conference on Dispute Settlement on 20 March 2018, in Ljubljana, Slovenia.  Craig Orr shared a panel with arbitration practitioners from Germany, Switzerland and Slovenia considering the role of arbitral tribunals in combatting economic crime in international arbitration. He focused on the legal effects of economic crime on the arbitrability...