Ask a Silk: A and B v C, D and E, the Court of Appeal and foreign arbitration proceedings

In this vlog, Stephen Butler and Teresa Rosen Peacocke discuss the implications of a recent Court of Appeal judgment covering the jurisdiction of the English Courts to make orders in support of foreign arbitration proceedings. Teresa Rosen Peacocke successfully represented the appellant.

Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk or senior barrister and a junior in chambers about a recent case, piece of legislation or other topical areas of commercial law.

Teresa Rosen Peacocke is an eminent barrister with 40 years experience and successfully represented the appellant in the case of A and B v C, D and E.

A and B v C, D and E [2020] EWCA Civ 409

This vlog features two members of our Commercial Team; Teresa Rosen Peacocke and Stephen Butler. Teresa answers Stephen’s questions on A and B v C, D and E, a case which deals with the long-standing controversy over whether orders of the English Court under section 44 of the Arbitration Act 1996 can be made against non-parties to arbitral proceedings.

The decision of the Court of Appeal departs from earlier first instance Commercial Court decisions dealing with the other subsections of section 44. The Court of Appeal held that third parties can indeed be compelled to give evidence in support of a foreign arbitration under section 44(2)(a).

Teresa, who represented the successful appellants, explains the facts of the case and the reasoning behind Lord Justice Flaux’s lead judgment, and provides her insight on the impact of the case and what sorts of applications courts can expect to receive in the future in subsequent cases.

Watch the vlog here

Teresa Rosen Peacocke a member of OTC’s international commercial law team, representing US and UK based clients in litigation and arbitration in the US and the UK. Teresa specialises in Commercial and Chancery litigation, Private International Law and International Arbitration. Teresa is dual-qualified as an barrister in England and Wales and a New York attorney.

Stephen Butler is a member of our International Commercial Law team. Stephen represents foreign and UK-based clients in litigation and arbitrations in the UK and abroad. He has spent time living and working in the Middle East and, as well as appearing in the English courts, has worked on cases before the United Nations Appeal Tribunal, the International Court of Arbitration of the ICC, the Dubai International Arbitration Centre, and the Dubai International Financial Centre Courts.

Find Out More

To find out more about any of our commercial barristers, contact David Smith on +44 (0)20 7427 4905 or Colin Bunyan on +44 (0)20 7427 4886 for a confidential discussion.

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