Tag Archives: Arbitration Act 1996

Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

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

English Court Provides Welcome Clarification on Key Arbitral Award Issues

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

High Court Case Highlights the Importance of Commencing Arbitration within Contractual Limitation Periods

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

Why is it important to choose the right seat of the arbitration?

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