The decision clarifies the circumstances under which an arbitral award might be challenged. By Philip Clifford QC A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an obligation to negotiate) calls into question the admissibility of a claim, rather than calling into question the … Continue Reading
A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly. By Oliver E. Browne and Robert Price In A and B v C, D and E (Taking evidence for a foreign seated arbitration),[1] the Court of Appeal unanimously allowed the taking of evidence from a witness by way … Continue Reading
The decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations. By Oliver E. Browne The Commercial Court considered various challenges to an arbitral award under the Arbitration Act 1996 (the Act) in Reliance Industries Ltd and … Continue Reading
By Robert Price Case: Expofrut SA & Others v Melville Services Inc and Lavinia Corporation [2015] EWHC 1950 (Comm) The English High Court has ruled that an extension to a contractually agreed period in which arbitration proceedings must be brought will only be granted in exceptional circumstances. The case of Expofrut illustrates that it is … Continue Reading
By Robert Price Selecting the right seat for an arbitration is critical. The courts at the seat of the arbitration can affect the arbitral process in a number of ways, including the following Support or intervention Jurisdictions which are pro-arbitration generally allow the parties a high degree of procedural autonomy. For example, if the courts … Continue Reading
