Arbitration Law in UK Law

Leading Cases
  • Kelantan Government v Duff Development Company
    • House of Lords
    • 22 Marzo 1923

    But where a question of construction is the very thing referred for arbitration, then the decision of the arbitrator upon that point cannot be set aside by the Court only because the Court would itself have come to a different conclusion.

  • Pioneer Shipping Ltd v B.T.P. Tioxide Ltd (Nema)
    • House of Lords
    • 16 Julio 1981

    But leave should not be given even in such a case, unless the judge considered that a strong prima facie case had been made out that the arbitrator had been wrong in his construction; and when the events to which the standard clause fell to be applied in the particular arbitration were themselves "one-off" events, stricter criteria should be applied on the same lines as those that I have suggested as appropriate to "one-off" clauses.

  • Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
    • Court of Appeal (Civil Division)
    • 16 Mayo 2012

    A search for an implied choice of proper law to govern the arbitration agreement is therefore likely (as the dicta in the earlier cases indicate) to lead to the conclusion that the parties intended the arbitration agreement to be governed by the same system of law as the substantive contract, unless there are other factors present which point to a different conclusion.

  • Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others
    • House of Lords
    • 21 Enero 1993

    It is by now firmly established that more than one national system of law may bear upon an international arbitration. Thus, there is the proper law which regulates the substantive rights and duties of the parties to the contract from which the dispute has arisen. Exceptionally, this may differ from the national law governing the interpretation of the agreement to submit the dispute to arbitration.

  • Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
    • Court of Appeal (Civil Division)
    • 17 Mayo 1994

    In my judgment, where an injunction is sought to restrain a party from proceeding in a foreign court in breach of an arbitration agreement governed by English law, the English Court need feel no diffidence in granting the injunction, provided that it is sought promptly and before the foreign proceedings are too far advanced.

  • Carillion Construction Ltd v Devonport Royal Dockyard Ltd
    • Court of Appeal (Civil Division)
    • 16 Noviembre 2005

    It is only too easy in a complex case for a party who is dissatisfied with the decision of an adjudicator to comb through the adjudicator's reasons and identify points upon which to present a challenge under the labels "excess of jurisdiction" or "breach of natural justice". The time constraints within which he is expected to operate are proof of that. The need to have the "right" answer has been subordinated to the need to have an answer quickly.

  • Compagnie Tunisienne de Navigation S.A. v Compagnie d'Armement Maritime S.A.
    • House of Lords
    • 14 Julio 1970

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Legislation
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Forms
  • Chapter NMWM02070
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......Sources for such advice include:. a Trade Union. their local Citizens Advice Bureau (CAB). the Advisory, Conciliation and Arbitration Service (Acas) (NMWM02080). the Labour Relations Agency (NMWM02090) (in Northern Ireland). an independent legal advisor or law centre. ......
  • Chapter INTM423080
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . General Remarks. The UK is in favour of using arbitration to eliminate double taxation where the Competent Authorities have been unable to reach agreement.  Article 25(2) of the Model Convention requires ......
  • I have an Advisory, Conciliation and Arbitration Service (ACAS) settlement (Form COT3) but the respondent has not paid. How do I enforce it?
    • Court and tribunal forms
    County Court forms including the N1 money claim form.
  • Chapter DT3301A
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... Article 18. . . Other pensions/annuities. Taxable only in the UK. Article 17. . . Arbitration. No (Note 3). Article 24. . .  . Note 1:  Interest paid in the following circumstances is taxable only in the state of residence ......
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