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
    • 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
    • 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
    • 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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Books & Journal Articles
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Law Firm Commentaries
  • Johnny Depp vows to appeal UK findings of domestic violence
    • Mondaq UK
    • 9 de Noviembre de 2020
  • English High Court Sets Aside International Arbitral Award for Failure to Comply with English Rule in Browne v. Dunn
    • JD Supra United Kingdom
    • Morrison & Foerster LLP
    • 26 de Agosto de 2019
    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
    • 13 de Febrero de 2008
    .... 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
    • Latham & Watkins LLP
    • 30 de Junio de 2016
    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. &#...
    ...... . respect for the rule of law. . domestic arbitration legislation which is modern, comprehensive and clear, which ......
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