Dispute Resolution in UK Law
Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd
Enforcement of such an agreement when found as part of a dispute resolution clause is in the public interest, first, because commercial men expect the court to enforce obligations which they have freely undertaken and, second, because the object of the agreement is to avoid what might otherwise be an expensive and time consuming arbitration.
Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
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.
In my view an agreement to resolve disputes by arbitration in London, and therefore in accordance with English arbitral law, does not have a close juridical connection with the system of law governing the policy of insurance, whose purpose is unrelated to that of dispute resolution; rather, it has its closest and most real connection with the law of the place where the arbitration is to be held and which will exercise the supporting and supervisory jurisdiction necessary to ensure that the procedure is effective.
Rush & Tompkins Ltd v Greater London Council
The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence.
Premium Nafta Products Ltd v Fili Shipping Company Ltd
In my opinion the construction of an arbitration clause should start from the assumption that the parties, as rational businessmen, are likely to have intended any dispute arising out of the relationship into which they have entered or purported to enter to be decided by the same tribunal. The clause should be construed in accordance with this presumption unless the language makes it clear that certain questions were intended to be excluded from the arbitrator's jurisdiction.
C & B Scene Concept Design Ltd v Isobars Ltd
The whole purpose of s.108 of the Act, which imports into construction contracts the right to refer disputes to adjudication, is that it provides a swift and effective means of resolution of disputes which is binding during the currency of the contract and until final determination by litigation or arbitration. The provisions of s.109–111 are designed to enable the contractor to obtain payment of interim payments.
Cable & Wireless Plc v IBM UK Ltd [QBD (Comm)]
There is an obvious lack of certainty in a mere undertaking to negotiate a contract or settlement agreement, just as there is in an agreement to strive to settle a dispute amicably, as in Paul Smith Ltd v. H&S International Holding Inc, supra. That is because a court would have insufficient objective criteria to decide whether one or both parties were in compliance or breach of such a provision.
- Employment Rights (Dispute Resolution) Act 1998
- The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
- The Double Taxation Dispute Resolution (EU) Regulations 2020
- The Additional Support for Learning Dispute Resolution (Scotland) Amendment Regulations 2017
- Dispute Resolution: Civil Justice and its Alternatives
- Cross‐Border Internet Dispute Resolution by Julia Hörnle
- Alternative Dispute Resolution and Civil Justice: An Unresolved Relationship
Dispute Resolution in “Essential Services”:. Procedural Experimentation in Canada
In its handling of public sector pay, the present British Government appears to have given higher priority to the minimisation of public expenditure than to the avoidance of disputes. It has on sev...
- Alternative Dispute Resolution
- Enforcing Dispute Resolution Clauses
- Alternative Dispute Resolution: Relevance to Cost Awards
Brexit: Implications for Dispute Resolution
Brexit has now well and truly arrived and brings with it changes to a number of important areas concerning cross-border litigation between the United Kingdom (UK) and the European Union (EU). Below...