Arbitration – Page 2 – Law Journals

Arbitration: A Brexit bonus?

Raid Abu-Manneh, Ali Auda and Jonathan Clarke discuss a hot topic at the Paris Arbitration Week ‘The Achmea decision has created an uncomfortable situation where the validity of intra-EU BITs is questionable at best and thus the investor protections provided for by those BITs is uncertain.’ This year’s Paris Arbitration Week took place between 9 …

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Arbitration: Running out of gas

Elizabeth Wiggin and Jonathan Wood weigh up the effect of third-party funding on arbitration awards ‘The judge first considered whether the defendant‘s s70(7) application should be granted had the claimants not had third-party funding. The judge then went on to consider whether the fact that the claimants had third-party funding made any difference to the …

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Book Review: The case for arbitration?

Jo Summers reviews Arbitration of Trust Disputes: Issues in National and International Law Oxford University Press has produced a new book as part of its international arbitration series. Arbitration of Trust Disputes: Issues in National and International Law is a series of articles (or monographs as the editor calls them). The various authors explore the …

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Arbitration: Urgent relief

Jane Parsons examines emergency relief in arbitration ‘Article 9B of the LCIA Rules allows a party to apply to the LCIA Court for the appointment of an emergency arbitrator prior to the formation or expedited formation of the tribunal in cases of “emergency”.’It was commonly thought that the provisions for emergency relief under the London …

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Arbitration: Seeking finality

Suzanne Kingston and Natalie O’Shea highlight the new children arbitration scheme and analyse the impact of the post-arbitration decision in DB v DLJ ‘Under the children arbitration scheme, disputes concerning the exercise of parental responsibility and other private law issues connected to the welfare of children may be resolved.’ The children arbitration scheme, approved by …

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Arbitration: Déjà vu

Victoria Brooks, Tom Beezer and Hannah Cockerill discuss the recent reinforcement of final orders in arbitration proceedings ‘This case does not make any new law but represents a useful reminder of the important principle that an arbitral award will be final and binding, unless otherwise agreed by the parties.’ A recent case in the Commercial …

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Arbitration: Settling personal injury and clinical negligence claims

With court fees going up more than 500% the time has come for insurers, the NHSLA, the MIB and personal injury firms to use arbitration to settle personal injury and clinical negligence claims, suggests Andrew Ritchie ‘The benefits of arbitration are multiple. All of the inefficiencies and the court fees of the county courts and …

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Arbitration: Sweet settlement

Nigel Brook and Michelle Radom examine the impact of the new Reg 1215/2012 ‘Any court proceedings brought in order to support an arbitration… fall outside the scope of [Reg 1215/2012], and hence a court which is not first seised can decide these matters, despite the risk of parallel judgments.’ In a recent case, Toyota Tsusho …

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Arbitration: Bound to be friendly

Daniel Kalderimis and Nicole Evans look at the enforcement of tiered dispute resolution clauses ‘In recent years, English courts have held that parties will be bound by agreements to mediate, provided the process is sufficiently certain.’In a departure from the orthodox English approach, the English High Court recently held that an agreement to participate in …

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Arbitration: We’ve got the power

Guy Pendell and David Bridge report on a recent Supreme Court judgment dealing with anti-suit injunctions JSC appealed against the Court of Appeal’s decision that the court had jurisdiction to make a final anti-suit injunction in respect of proceedings brought by JSC, in breach of an arbitration clause.In a judgment delivered on Wednesday, the Supreme …

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