Latest by Fred Kuchlin

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Obvious arithmetical error in damages calculation is sufficient for arbitral award to be set aside for procedural irregularity, finds High Court

Published on 06 May 2022. By Tatiana Minaeva, Partner and Fred Kuchlin, Senior Associate

The High Court has found that an "obvious arithmetical error" in the calculation of damages was a procedural irregularity under s 68 of the Arbitration Act 1996 (the Act) and set aside the relevant part of the award.

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Court of Appeal issues "clear message" that those who breach embargoes on draft judgments risk contempt proceedings

Published on 22 March 2022. By Parham Kouchikali, Partner and Fred Kuchlin, Senior Associate

In only the third judgment ever to consider the issue, the Court of Appeal has issued a stark reminder that court users should take care to observe any embargo over a draft judgment or else face the possibility of proceedings for contempt of court.

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Can an appeal court order repayment after it has reversed the relevant order?

Published on 30 November 2020. By Fred Kuchlin, Senior Associate and Parham Kouchikali, Partner

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An appellate court has an inherent power to restore money paid or property transferred under an order which it has reversed. And not all contractual provisions are susceptible to being waived by election. These are the two key takeaways from the Privy Council's judgment in Delta Petroleum (Caribbean) Ltd v British Virgin Islands Electricity Corporation [2020] UKPC 23.

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The LCIA Rules 2020 – what's new?

Published on 08 October 2020. By Fred Kuchlin, Senior Associate and Tatiana Minaeva, Partner

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Changes in relation to complex multi-party cases and the use of technology form the backbone of the latest version of the London Court of International Arbitration (LCIA)'s arbitration rules (the LCIA Rules 2020).

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Beware: English jurisdiction clauses do not mean choice of English law

Published on 06 March 2020. By Geraldine Elliott, Global Head of Commercial Disputes and Fred Kuchlin, Senior Associate

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Where parties have agreed in a contract that the English courts will have jurisdiction in the event of a dispute, it does not automatically follow that English law will be the governing law. A party recently found this out, to its cost, when a different governing law clause meant an expired limitation period. This case demonstrates that those entering into contractual agreements should carefully consider a choice of law clause that specifically designates the laws of a country that suits them. GDE LLC v Anglia Autoflow Limited.

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