Tag Archives: Arbitration Act

Court of Appeal: London-Seated Arbitration Cannot Circumvent Mandatory Arbitration Act Requirements

Decision confirms parties’ statutory right to challenge awards under s.67 and s.68. By Oliver E. Browne The Court of Appeal has overturned a High Court decision which granted a stay of an application challenging an award pending the determination of related further arbitrations (the Second Arbitration Proceedings), pursuant to s.67 and s.68 of the Arbitration … Continue Reading

Court Refuses to Expand Challenges of Arbitral Procedural Orders

By Daniel Harrison The recent case of Enterprise Insurance Company Plc v U-Drive Solutions (Gibraltar) Limited [1] illustrates the reluctance of courts to intervene in arbitrations despite the parties agreeing otherwise. The court dismissed an attack on two procedural orders pursuant to sections 68 and 69 of the Arbitration Act 1996 (Act) because there was … Continue Reading

Avoiding Defective Service in Arbitration

By Robert Price A recent High Court decision provides a timely reminder that parties to an arbitration agreement must take care to ensure that arbitration proceedings are properly served to avoid an award being set aside or refused enforcement due to defective service. In Sino Channel Asia Ltd v Dana Shipping and Trading PTE Singapore … Continue Reading

Supreme Court Upholds Finality of Arbitral Awards

By Daniel Harrison A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the ability of parties to appeal against arbitral awards on points of law. This decision also reinforces the … Continue Reading