Domestic Arbitration in UK Law

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

    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 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.

  • 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.

  • 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".

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  • 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 1979
    • UK Non-devolved
    • January 01, 1979
  • 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 Arbitration Act 1950 nor section 4 of the Arbitration Act (Northern Ireland) 1937 shall apply ... ...
  • Enterprise Act 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... In this Part—“adjudication” includes arbitration;“the Commissioner” means the Small Business Commissioner;“the ... PART 6: Non-domestic rating ... 31: Disclosure of HMRC information in connection with ... ...
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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 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
    • 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
    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 ... ...
  • 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
  • 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 ... ...
  • 'Arbitrate, Don’t Litigate'
    • Mondaq United Kingdom
    ... ... what bitter experience led him to declare his preference for arbitration in that way, but I suspect that, were he still alive and litigating today, ... Use of domestic arbitration has fallen away during the 30 years since I qualified as a ... ...
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