Arbitration Law in UK Law

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

    For reasons already sufficiently discussed, rather less strict criteria are in my view appropriate where questions of construction of contracts in standard terms are concerned.

  • 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.

  • 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 task of the adjudicator is to find an interim solution which meets the needs of the case. The need to have the "right" answer has been subordinated to the need to have an answer quickly.

    To seek to challenge the adjudicator's decision on the ground that he has exceeded his jurisdiction or breached the rules of natural justice (save in the plainest cases) is likely to lead to a substantial waste of time and expense—as, we suspect, the costs incurred in the present case will demonstrate only too clearly.

  • 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.

  • Secretary of State for the Environment v Euston Centre Investments Ltd
    • Court of Appeal (Civil Division)
    • 24 Junio 1994

    There are wider interests at stake, notably the proper functioning of our arbitration system. Since nobody can prevent the losing party in an arbitration from applying for leave to appeal even in the most unmeritorious cases, it is of supreme importance to the proper working of our arbitration system that there must be an effective procedure to ensure that applications for leave are promptly made.

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • I have an Advisory, Conciliation and Arbitration Service (ACAS) settlement (Form COT3) but the respondent has not paid. How do I enforce it?
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
  • T421)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... In most cases we will send a copy of your claim form and the respondent’s response ... form to Acas, (the Advisory, Conciliation and Arbitration Service) an independent, ... impartial organisation. An Acas conciliator will contact you to explore whether it ... may be possible to resolve the ... ...
  • guidance for claimants (T424)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... In most cases we will send a copy of your claim form and the respondent’s response ... form to Acas, (Advisory, Conciliation and Arbitration Service) an independent, impartial ... organisation. An Acas conciliator will contact you and try to help you to reach a ... settlement without the ... ...
  • T423)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... early conciliation ... Acas’s role ... Where we send a copy of your response to Acas, the Advisory, Conciliation and Arbitration ... Service, an Acas conciliator will contact you, even if early conciliation has been tried and ... was unsuccessful, to explore whether or not it ... ...
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