Arbitration – Law Journals

The Commercial Rent (Coronavirus) Act 2022: Winners and losers

Shanna Davison and Matthew Bonye analyse the Covid commercial rent arrears arbitration scheme introduced under the 2022 Act and whether interference with the fundamental principle of freedom of contract has paid off The idea is to encourage reasonable proposals from each party on the footing that these are more likely to result in settlement without …

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Commercial Rent (Coronavirus) Bill: Property Litigation Association highlights serious defects

Peter Bourke highlights some of the PLA’s concerns regarding the Bill as it currently stands The PLA believes this well-meaning legislation has the potential to destabilise fragile negotiations between property owners and occupiers, the opposite of what is intended. The Property Litigation Association (PLA) is a leading membership organisation comprised of about 1500 solicitors that …

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Global arbitration: Right place, right time?

Suzanne Kingston, Rachael Kelsey and Geoff Wilson look at developments in arbitration in England and Wales, Scotland and Australia together with tables on arbitration schemes around the world Many countries have statutory provision for family law arbitration schemes and even those that don’t have a statutory scheme have given careful thought to arbitration. In 2012 …

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Arbitration: A welcome clarification

Mollie van Geest highlights the guidance provided in A v A as to challenges to and the implementation of financial remedy arbitral awards Where matters are contested, whether because one party seeks to implement the arbitral award by way of a court order but does not have the consent of the other party to do …

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Arbitration: A wider appeal

Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …

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