By Helen Ryan, Trainee Solicitor, Duane Morris LLP
On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18.
The appeal centred around the issue of whether a force majeure clause which required the affected party to exercise ‘reasonable endeavors’ to overcome the effects of the relevant event or state of affairs meant that the other contracting party had to accept an offer of non-contractual performance.
Seven companies have a claim against their former director for breach of fiduciary duties. Three of those companies have an arbitration agreement.
All seven companies bring a claim in the English court against the former director who applies to have the court proceedings stayed in favour of arbitration.
The three claimants with an arbitration agreement concede that they must sue in arbitration, and the question then becomes whether the court claims by the other claimants should be stayed in favour of the arbitration or not.
Continue reading “English court stays its own proceedings in favour of arbitration”
On 6 February 2024, Partner, Mark Handley and Associate, Paul-Raphael Shehadeh of the London office submitted written evidence to the House of Lords on the proposed reforms to the Arbitration Act.
The evidence has now been published and is available (here).
