Domestic Arbitration in UK Law

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

    Subject to the recent European inroad, that remains the position. 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. It is also open to a court under section 37, if it thinks fit, to grant any injunction on an interim basis, pending the outcome of current or proposed arbitration proceedings, rather than a final basis.

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

  • Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan [SC]
    • Supreme Court
    • 03 November 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 April 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 February 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.

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

    That said, it is important that there shall be no misunderstanding of the purposes for which reasons can be used. On the other hand, it cannot be over-emphasised that the parties, having chosen their tribunal, have to accept it "with all faults".

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

    Having made this choice I believe that it is in accordance, not only with the presumption exemplified in the English cases cited above that those who make agreements for the resolution of disputes must show good reasons for departing from them, but also with the interests of the orderly regulation of international commerce, that having promised to take their compaints to the experts and if necessary to the arbitrators, that is where the appellants should go.

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Legislation
  • Arbitration Act 1979
    • UK Non-devolved
    • January 01, 1979
    ... ... (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 agreement relates ... ...
  • Arbitration Act 1996
    • UK Non-devolved
    • January 01, 1996
    ... ... Part II: Other provisions relating to arbitration ... Domestic arbitration agreements ... 85: Modification of Part I in relation to domestic arbitration agreement ... (1) In the case of a domestic arbitration ... ...
  • Arbitration Act 1975
    • UK Non-devolved
    • January 01, 1975
    ... ... (2) This section applies to any arbitration agreement which is not a domestic arbitration agreement; and neither section 4(1) of the M1Arbitration Act 1950 nor section 4 of the M2Arbitration Act (Northern Ireland) 1937 shall ... ...
  • Arbitration (Scotland) Act 2010
    • Scotland
    • January 01, 2010
    ... ... 2: Key terms ... (1) In this Act, unless the contrary intention appears—“arbitration” includes—(a) domestic arbitration,(b) arbitration between parties residing, or carrying on business, anywhere in the United Kingdom, and(c) international ... ...
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Books & Journal Articles
  • The Role of Ethiopian Courts in Commercial Arbitration
    • No. 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 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
    • No. 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 ... ...
  • Strategic selection
    • No. 51-3, May 2014
    • Journal of Peace Research
    • 0000
    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 the political mechanism win/loss record. d arguments cannot fully explain states behavior towards arbitration and adjudication. It is the interplayof both of these mechanisms that ... ...
  • The Public Interest Safeguards in Arbitration in Ghana
    • No. , November 2020
    • African Journal of International and Comparative Law
    • 677-696
    ... ... Act 2010 (Act 798) (ADRA), 9 the primary legislation governing arbitration in Ghana, insulates the public interest issues from both domestic arbitration and international arbitration by providing that certain matters of the public interest including the interpretation of Constitution of ... ...
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Law Firm Commentaries
  • Episode 3: Clause And Effect: Unicredit, Enka And The Arbitration Bill (Podcast)
    • Mondaq UK
    ... ... hosted by Liz Kantor and Vanessa Naish ... Join us, and our guests, as we navigate through the evolving ... landscape of international and domestic arbitration, discussing the ... latest trends, landmark cases, and pivotal changes that impact the ... world of international arbitration ... ...
  • English High Court Sets Aside International Arbitral Award for Failure to Comply with English Rule in Browne v. Dunn
    • JD Supra United Kingdom
    In an interesting May 2019 judgment, the English High Court in P v. D [2019] EWHC 1277 (Comm) set aside an arbitral award in a London-seated international commercial arbitration on the basis that t...
    ... ... an arbitral award in a London-seated international commercial arbitration on the basis that the tribunal had based its award on a finding of fact on ... and enforcement courts may assess arbitral proceedings against domestic procedural standards ... Handling of Witness Testimony in International ... ...
  • The State Of Scottish Arbitration : New Bill And New Code
    • Mondaq United Kingdom
    ...Background ... Scotland does not currently have a single statute regulating the law governing domestic and international arbitration. Unlike many countries which seek to promote themselves as ideal venues for the resolution of disputes through ... ...
  • Why Brexit Does Not Impact London’s Standing as a Leading Arbitral Seat
    • JD Supra United Kingdom
    London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The reasons for this deserved reputation have never depended on membership of the EU. T...
    ... ... respect for the rule of law ... domestic arbitration legislation which is modern, comprehensive and clear, which ... ...
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