Arbitration Law in UK Law
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Kelantan Government v Duff Development Company
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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.
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Pioneer Shipping Ltd v B.T.P. Tioxide Ltd (Nema)
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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.
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Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
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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.
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Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others
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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.
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Carillion Construction Ltd v Devonport Royal Dockyard Ltd
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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.
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Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
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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.
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Compagnie Tunisienne de Navigation S.A. v Compagnie d'Armement Maritime S.A.
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Public‐Private Arbitration and the Public Interest under English Law
Together with the increase in the number of public‐private contracts, recent years have seen a marked proliferation in public‐private arbitrations. This article explores the public interest implica...
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The Court of Arbitration for Sport and EU Law
At the time when the Bosnian case was decided, nearly twenty years ago, few could have predicted that one of its main institutional legacies would be the transformation of the Court of Arbitration ...
- Investment Treaty Arbitration and Public Law by Gus Van Harten
- Book Review: Transnational Legality: Stateless Law and International Arbitration
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Governing Law of Arbitration Agreements: Welcome Clarity?
The English Court of Appeal has provided some helpful guidance as to the relevant test for determining the law applicable to arbitration agreements (as distinct from (i) the governing law of the re...
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Fire At Russian Power Plant Sparks UK Supreme Court Decision On Arbitration Agreement Law
The UK Supreme Court has recently set out the principles to determine the proper law of an arbitration agreement. While it remains the case that parties are free to choose the systems of law that w...
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Governing law of an arbitration agreement: Supreme Court Enka v Chubb
In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitrat...
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What law governs your arbitration clause? You decide.
It’s midnight and you’re in the final stages of negotiation in a complex international transaction. It’s probably a safe bet that the one thing that is not keeping you awake is a concern over what ...
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I have an Advisory, Conciliation and Arbitration Service (ACAS) settlement (Form COT3) but the respondent has not paid. How do I enforce it?
County Court forms including the N1 money claim form.
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T421)
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 ... ...
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guidance for claimants (T424)
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 ... ...
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T423)
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 ... ...