Domestic Arbitration in UK Law

Leading Cases
  • AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC
    • Supreme Court
    • 12 Junio 2013

    The power to stay domestic legal proceedings under section 9 and the power to determine that foreign proceedings are in breach of an arbitration agreement and to injunct their commencement or continuation are in truth opposite and complementary sides of a coin. The general power provided by section 37 of the 1981 Act must be exercised sensitively and, in particular, with due regard for the scheme and terms of the 1996 Act when any arbitration is on foot or proposed.

  • Antaios Compania Naviera S.A. v Salen Rederierna A.B.
    • House of Lords
    • 26 Julio 1984

    While deprecating the extension of the use of the expression "purposive construction" from the interpretation of statutes to the interpretation of private contracts, I agree with the passage I have cited from the arbitrators' award and I take this opportunity of re-stating that if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense.

  • Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan [SC]
    • Supreme Court
    • 03 Noviembre 2010

    Where there is an application to stay proceedings under section 9 of the 1996 Act, both in international and domestic cases, the court will determine the issue of whether there ever was an agreement to arbitrate: Al-Naimi (t/a Buildmaster Construction Services) v Islamic Press Agency [2000] 1 Lloyd's Rep 522 (CA) (English arbitration); Albon (t/a NA Carriage Co) v Naza Motor Trading Sdn Bhd (No 4) [2007] EWCA Civ 1124, [2008] 1 Lloyd's Rep 1 (Malaysian arbitration).

  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation
    • Queen's Bench Division (Commercial Court)
    • 17 Abril 2008

    Comity and common sense are likely to require no less; pre-empting the decision on a challenge to an award before the court exercising supervisory jurisdiction in the country of origin would be a strong thing in a case where all parties were domiciled or incorporated in that country.

  • Soleimany v Soleimany
    • Court of Appeal (Civil Division)
    • 19 Febrero 1998

    An English court exercises control over the enforcement of arbitral awards as part of the lex fori, whatever the proper law of the arbitration agreement or the place where the arbitration is conducted. If a claimant wishes to invoke the executive power in this country to enforce an award in his favour, he can only do so subject to our law. For the purposes of the present dispute, that means section 26 of the Arbitration Act 1950.

  • 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.

  • Mutual Shipping Corporation v Bayshore Shipping Company Ltd (Montan)
    • Court of Appeal (Civil Division)
    • 21 Diciembre 1984

    That said, it is important that there shall be no misunderstanding of the purposes for which reasons can be used. This is reflected in the New York Convention, which has been incorporated into English domestic law by the Arbitration Act, 1975. Section 5 of that Act sets out circumstances which would justify the courts of the Convention country in refusing to enforce an award.

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Legislation
  • Arbitration Act 1975
    • UK Non-devolved
    • 1 de Enero de 1975
    ......staying the proceedings. (2) This section applies to any arbitration agreement which. is not a domestic arbitration agreement; and neither section. 4(1) of the Arbitration Act 1950. nor section 4 of the Arbitration Act (Northern Ireland) 1937. shall ......
  • Arbitration Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
  • Arbitration Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......provisions in commencement order). II . Other Provisions relating to arbitration Part II . Other Provisions relating to arbitration . Domestic arbitration agreements . Domestic arbitration agreements. . S-85 . Modification of Part I in relation to domestic arbitration agreement. 85 ......
  • Arbitration Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ......it forms part of an arbitration agreement. . (3) In any case where— .   . ( a . ) an arbitration agreement, other than a domestic arbitration. agreement, provides for disputes between the. parties to be referred to arbitration, and. .   . ( b . ) a dispute to which the ......
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Books & Journal Articles
  • The Role of Ethiopian Courts in Commercial Arbitration
    • Nbr. 4-2, July 2010
    • Mizan Law Review
    • Hailegabriel G. Feyissa
    • LL.B, LL.M, Lecturer in Law, Bahir Dar University School of Law.
    • 297-333
    The role of arbitration in settling disputes which involves national and transnational commercial transactions is steadily growing in this era of globalisation. International and national rules gov...
    ......The involvement of national courts is crucial to the overall efficacy of arbitration, both domestic and international. Instances calling for court intervention may appear at all stages of the arbitral proceedings. There is, however, a need ......
  • Resolving Investor State Dispute Settlement's Legitimacy Crisis: The Case for Reinstating the Requirement to Exhaust Local Remedies
    • Nbr. 7-1, November 2021
    • LSE Law Review
    • Sebastian Timothy Whitefoord Curtis
    • LLM (LSE) '22. LLB '21 at the University of Bristol
    • 327-368
    This article dissects a variety of structural issues that contribute to the 'legitimacy crisis' currently faced by Investor State Dispute Settlement (ISDS) and in particular, treaty-based Investor-...
    ...... (ISDS) and in particular, treaty-based Investor-State Arbitration (ISA). Primarily, it addresses issues of jurisdictional overlap with ... between the international investment protection regime and domestic governments and judiciaries, it contends that further ......
  • Parallel Proceedings in Investor‐State Treaty Arbitration: Responses for Treaty‐Drafters, Arbitrators and Parties
    • Nbr. 73-4, July 2010
    • The Modern Law Review
    Parallel investment treaty arbitrations present a demonstrated risk of inconsistent awards. This article examines several ameliorative responses to parallel investment treaty proceedings, executabl...
    ...... between inv estors and host sta tes prior to this aw ard were held pursuant to ( 1) sta te contracts between investors and host states, ( 2) domestic in vestment la ws or (3 ) speci¢c trea ty instruments estab lishing a highly discr ete jurisdictional scope for arbit rations . 4 Since the ¢rst ......
  • Strategic selection
    • Nbr. 51-3, May 2014
    • Journal of Peace Research
    States involved in territorial disputes have several options with regard to resolving their disputes. What types of states are more likely to resort to legal methods of peaceful resolution in attem...
    ...... legal methods of peaceful resolu- tion: the legal mechanism – domestic rule-of-law, and t he political mechanism – win /loss record. ... arguments cannot fully explain states’ behavior towards arbitration and adjudication. It is the interplay of both of these mechanisms that ......
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Law Firm Commentaries
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Forms
  • 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 ... and shall be implemented notwithstanding any time limit in the domestic law of either treaty partner state. If the taxpayer rejects the outcome of ......
  • Chapter INTM423040
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... presented for the purposes of starting the period after which arbitration may be invoked. Other countries may also have more extensive domestic ......
  • Chapter DT4054
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... the ‘treaty rate’ and does not reflect taxes chargeable under domestic law before relief is given under the provisions of the treaty. The ... Exempt from tax in Brunei. 10. . . Arbitration. No. N/A. . .  . Note 1: The income must be subject to ......
  • Chapter DT2452
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... the ‘treaty rate’ and does not reflect taxes chargeable under domestic law before relief is given under the provisions of the treaty. The ... 10. . . Arbitration. No. N/A. . . Note 1: Recipient must be subject to tax ......
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