Campbell Herbert
Campbell Herbert focuses his practice on complex, multi-jurisdictional disputes.
Campbell has experience advising on disputes under the UNCITRAL, LCIA, ICC, SIAC, HKIAC and ICSID Rules, as well as in national courts. Campbell’s work spans a broad range of industry sectors, jurisdictions, and applicable laws.
Arbitration Agreements No Longer a Get-Out-of-Jail-Free Card for Insolvent Debtors: A Farewell to Salford Estates
By Campbell Herbert on Jul 2, 2024
Posted In Arbitration, Court Judgment, Banking & Finance, United Kingdom
The Judicial Committee of the Privy Council has decisively redrawn the boundaries between arbitration agreements and insolvency proceedings in the case of Sian Participation Corp (In Liquidation) v Halimeda International Ltd.[1] At its core, this case represents a clash between the long-established public policy of insolvency law, which aims to efficiently wind-up insolvent companies for...
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English High Court Unravels National Iranian Oil Company’s Attempt to Shield £100M London Property from Enforcement of Arbitral Award
By Michael Darowski, Campbell Herbert and Jannika Glendon on Apr 23, 2024
Posted In Arbitration, Court Judgment, Oil & Gas, United Kingdom
The English High Court has ordered the National Iranian Oil Company (NIOC) to transfer a high-value London property to Crescent Gas Corporation Limited (CGC) in satisfaction of a US$2.4 billion arbitral award in favour of CGC against NIOC. The Court found that NIOC’s eleventh-hour transfer of the property to its closely linked Iranian pension fund...
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A Tale of Two Contracts: Reinsurance Dispute Ends in a New York State of Mind
By Campbell Herbert on Apr 22, 2024
Posted In Arbitration, Procedural Legal Update, United Kingdom
In a battle of conflicting contracts, Tyson found itself on the losing end of a reinsurance dispute with Partner Re when the English Court of Appeal ruled[1] that a reinsurance contract on a Market Uniform Reinsurance Agreement (MURA) form superseded a prior contract on a Market Reform Contract (MRC) form, giving effect to the New...
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English Courts Assert Jurisdiction to Grant Anti-Suit Relief in Landmark Case
By Campbell Herbert on Mar 5, 2024
Posted In Court Judgment, Banking & Finance, Oil & Gas, United Kingdom
In a ground-breaking ruling, the Court of Appeal has confirmed that English courts have the authority to issue final anti-suit injunctions in support of arbitration agreements governed by English law, even when the seat of the arbitration is outside of England. The landmark judgment in Unicredit Bank GmbH v Ruschemalliance LLC [2024] EWCA Civ 64,...
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