Domestic Arbitration in UK Law

Leading Cases
  • AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC
    • Supreme Court
    • 12 Jun 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 Jul 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 Nov 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).

  • Soleimany v Soleimany
    • Court of Appeal (Civil Division)
    • 19 Feb 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 Dic 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.

  • Inco Europe Ltd v First Choice Distribution (A Firm)
    • House of Lords
    • 09 Mar 2000

    Before interpreting a statute in this way the court must be abundantly sure of three matters: (1) the intended purpose of the statute or provision in question; (2) that by inadvertence the draftsman and Parliament failed to give effect to that purpose in the provision in question; and (3) the substance of the provision Parliament would have made, although not necessarily the precise words Parliament would have used, had the error in the Bill been noticed.

  • Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
    • Court of Appeal (Civil Division)
    • 17 May 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.

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Legislation
  • 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 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 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 ......
  • Small Business, Enterprise and Employment Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... the tenant from referring a dispute to the Adjudicator for arbitration in accordance with regulations under section 45 or in accordance with ... S-76 . Childminding other than on domestic premises 76 Childminding other than on domestic premises . (1) Section ......
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Books & Journal Articles
  • The Role of Ethiopian Courts in Commercial Arbitration
    • Núm. 4-2, Julio 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 cr ucial 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 to ......
  • Parallel Proceedings in Investor‐State Treaty Arbitration: Responses for Treaty‐Drafters, Arbitrators and Parties
    • Núm. 73-4, Julio 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 ......
  • Towards a Better Commercial Arbitration: Should Ethiopia Ratify the New York Convention?
    • Núm. 13-1, Enero 2019
    • Mizan Law Review
    • Mesfin Beyene
    • Mesfin Beyene (LLB, LLM) lecturer of law at Woldia University, Ethiopia. The author can be reached via email at mesfango@gmail.com
    • 123-152
    The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral awards is currently ratified by 161 states. The Convention gives a visa for arbitral awards made in a Convention ...
    ...... These factors show that it is in the country's interest to ratify the Convention and domesticate it through the instrumentality of the UNCITRAL Model L aw. Key terms Commercial arbitration · New York Convention · Ethiopian laws · ......
  • Lawyers and Arbitration: The Juridification of Construction Disputes
    • Núm. 56-3, Mayo 1993
    • The Modern Law Review
    ...... routine, everyday processes worked out in negotiations, contracts and non-judicial forums.’ These take place both within domestic and international transactions. We have, then, a situation that is best described as one of nomtive pluralism. Arbitration is not ......
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Law Firm Commentaries
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