Arbitration – Page 3 – Law Journals

Arbitration: Cutting to the chase

Jonathan Speed and Claire Morel de Westgaver consider whether arbitration should do more to embrace summary judgment procedures ‘Recent developments suggest that the industry is preparing for a shift from litigation to arbitration as a mechanism to resolve financial disputes and derivatives disputes in particular.’ A criticism that is often levied at international arbitration is …

Continue reading "Arbitration: Cutting to the chase"

This post is only available to members.

Arbitration: Who pays the piper?

Sayuri Ganesarajah focuses on the judgment in Jivraj v Hashwani An arbitrator is neither an employee nor self-employed, but an ‘independent provider of services’, who is a ‘quasi-judicial adjudicator’. According to the International Arbitration Survey 2012 conducted by the School of International Arbitration at Queen Mary University, London is the most preferred and widely-used seat …

Continue reading "Arbitration: Who pays the piper?"

This post is only available to members.

Arbitration: Spoilt for choice, or a choice spoiled?

Richard Oliver examines recent judicial developments on the treatment of sole option dispute resolution clauses Even though RTC is a decision of the highest commercial court in Russia, it is not technically binding on anyone other than the parties concerned. A ‘sole option’ dispute resolution clause is a clause giving one party to a contract …

Continue reading "Arbitration: Spoilt for choice, or a choice spoiled?"

This post is only available to members.

Arbitration: Loose moorings

Ben Holland outlines the final chapter of the West Tankers case The Commercial Court’s decision provides guidance that in future arbitrations or court proceedings, a claim for the costs of proceedings brought in breach of an arbitration agreement may properly be made in English law.Where parties have agreed that disputes should be arbitrated in London, …

Continue reading "Arbitration: Loose moorings"

This post is only available to members.

Arbitration: New beginnings

Suzanne Kingston summarises the new family arbitration scheme and sets out the processes involved ‘Many legal commentators believe that something should now be done to provide an alternative option for those involved in family law disputes.’ Arbitration is a form of dispute resolution. The parties enter into an agreement under which they appoint a suitably …

Continue reading "Arbitration: New beginnings"

This post is only available to members.

Arbitration: Lady in the lake

Ben Holland assesses the impact of Excalibur v Texas Keystone Inc ‘In Excalibur, Gloster J ruled that, due to the existence of exceptional circumstances, the Commercial Court had jurisdiction to determine whether an arbitration agreement was valid.’ It is rare for the English courts to impose an injunction preventing parties from conducting an arbitration. This …

Continue reading "Arbitration: Lady in the lake"

This post is only available to members.

Arbitration: Being picky

Philippa Charles discusses the recent Supreme Court judgment in Jivraj The London arbitration community has warmly welcomed the judgment of the Supreme Court in the case of Nurdin Jivraj v Sadruddin Hashwani [2011]. The issues in the case and the decision of the Court of Appeal had carried what one advocate described as ‘chilling’ implications …

Continue reading "Arbitration: Being picky"

This post is only available to members.

Arbitration: Turning the tanker around

Richard Power and Louise Trotter examine the response of the European Commission and the English Courts to West Tankers ‘The effect of West Tankers is that the courts of the arbitral seat are precluded from issuing an anti-suit injunction restraining proceedings being pursued in another member state.’ The European Commission (the Commission) has published a …

Continue reading "Arbitration: Turning the tanker around"

This post is only available to members.