Hybrid journal (It can contain Open Access articles) ISSN (Print) 2044-8651 - ISSN (Online) 2044-9887 Published by Oxford University Press[370 journals]
Abstract: ACLaw Reports, Appeal Cases (HL and PC)ACSRAustralian Corporations and Securities ReportsAdm CtAdmiralty CourtADRAlternative Dispute ResolutionADRLJArbitration and Dispute Resolution Law JournalAIRAll India ReportsAll ERAll England Law ReportsAll ER (Comm)All England Law Reports (Commercial)BCCBritish Company CasesBCLCButterworths Company Law CasesBeavBeavan's Reports [ER 48-55]BLRBuilding Law ReportsCACourt of AppealsCCCompanies CourtCEDRCentre for Dispute ResolutionChLaw Reports, Chancery DivisionCh DivChancery DivisionCLCCommercial Law CasesCLRCommonwealth Law ReportsComm CtCommercial CourtCPLaw Reports, Common PleasCPRCivil Procedure RulesCTFCoffee Trade FederationDLRDominion Law ReportsDLTDelhi Law TimesECCEuropean Commercial CasesECHREuropean Court of Human RightsECJEuropean Court of JusticeECREuropean Court ReportsEGLREstates Gazette Law ReportsETEmployment TribunalsEWCALaw Reports, England and Wales Court of AppealsEWHCLaw Reports, England and Wales High CourtFFederal Reporter (USA)F 2dFederal Reporter, Second Series (USA)F 3rdFederal Reporter, Third Series (USA)FamFamily Reports (UK)FOSFAFederation of Oils, Seeds and Fats AssociationsFSAFinancial Services AuthorityFSRFleet Street ReportsHCCIHungarian Chamber of Commerce and IndustryHCNIHigh Court of Justice of Northern IrelandHLHouse of LordsGAFTAGrain and Free Trade AssociationIBAInternational Bar AssociationICCInternational Chamber of CommerceICRIndustrial Cases ReportsIL PrInternational Litigation ProcedureIRLRIndustrial Relations Court of AustraliaJSCJoint Stock CompaniesKBKing’s BenchLCIALondon Court of International ArbitrationLloyd’s RepLloyd’s List Law ReportsLloyd’s Rep IRLloyd’s Law Reports Insurance and ReinsuranceLMAALondon’s Maritime Arbitrators AssociationLTLaw Times ReportsNIQBNorth Ireland Queen’s BenchNSWCANew South Wales Court of AppealsNSWSCNew South Wales Supreme CourtNYPENew York Produce ExchangePLaw Reports, ProbateP&CRProperty & Compensation ReportsQBLaw Reports, Queen’s Bench DivisionQBDQueen’s Bench DivisionQd RQueensland ReportsRPCReports of Patent CasesRSCRules of the Supreme CourtSCCSupreme Court Cases (India)SDNYSouthern District of New YorkSGCASingapore Court of AppealSLRSingapore Law ReportsSwanSwanston's Chancery Reports [ER 36]TCCTechnology and Construction CourtTLRThe Times Law ReportsUKHLHouse of Lords, United KingdomUKPCUnited Kingdom Privy CouncilUNCITRALUnited Nations Commission on International Trade LawUSSCUnited States Supreme CourtVSCSupreme Court of VictoriaWLRWeekly Law Reports PubDate: 2012-08-09 DOI: 10.1093/alrr/als023
Abstract: These Arbitration Law Reports and Review 2011 should be cited as [2011] ArbLR, followed by the case number and where relevant the paragraph number. For example, [2011] ArbLR 32 at para 10. PubDate: 2012-08-09 DOI: 10.1093/alrr/als020
Abstract: These Arbitration Law Reports and Review 2011 should be cited as [2011] ArbLR, followed by the case number and where relevant the paragraph number. For example, [2011] ArbLR 32 at para 10. PubDate: 2012-08-09 DOI: 10.1093/alrr/als024
Authors:Shackleton SR. Abstract: English courts rendered more than 80 arbitration-related judgments in 2011: over 70 judgments at first instance are available as well as 9 by the Court of Appeal. There was one decision by the Supreme Court.11 PubDate: 2012-08-09 DOI: 10.1093/alrr/als021
First page: 219 Abstract: AbstractArbitration agreement—Enforcement—Anti-suit injunction—No arbitral proceedings commenced—Whether court had jurisdiction to grant relief (yes)—Whether anti-suit injunction available (yes)—Senior Courts Act 1981, s 37Arbitration agreement—Enforcement—Declaration—Compétence-compétence—Whether courts may declare validity of arbitration agreement (yes) PubDate: 2012-02-03 DOI: 10.1093/alrr/alr015
First page: 295 Abstract: AbstractArbitration proceedings—Anti-arbitration injunction—English courts deciding that Budapest arbitration agreement did not exist—Arbitration commenced in Hungary—Court at first instance granting anti-arbitration injunction—Court of Appeal granting permission to appeal in relation to injunction—Application to set aside or vary anti-arbitration injunction—Whether ‘exceptional circumstances’ continued to operate following grant of permission to appeal (yes)—Whether to set aside anti-suit injunction (no)—Whether to vary injunction (yes)—Senior Courts Act, s 37 PubDate: 2012-01-17 DOI: 10.1093/alrr/alr017
First page: 321 Abstract: AbstractArbitration agreement—Enforcement—Stay—Two of three agreements containing arbitration provisions—Bank commencing litigation in respect of two agreements and arbitration under third—Whether matters in litigation within scope of arbitration agreement—Whether to stay litigation proceedings (yes)—Arbitration Act 1996, s 9 PubDate: 2012-01-13 DOI: 10.1093/alrr/alr020
First page: 335 Abstract: AbstractArbitration award—Enforcement—ICC award rendered in Tanzania—Challenges to award at place of arbitration—Whether party seeking to enforce award obligated to prove award was ‘binding’ (no)—Whether award ‘binding’ (yes)—Whether chances of success of challenge proceedings fanciful (no)—Whether to adjourn enforcement (yes)—Whether to order security (yes)—Arbitration Act 1996, ss 101(2), 103(2)(f) and (5) PubDate: 2012-01-13 DOI: 10.1093/alrr/alr021
First page: 363 Abstract: AbstractArbitration agreement—Enforcement—Stay—Court proceedings commenced for unfair prejudice claim—Whether claim arbitrable (yes)—Whether to grant a stay (yes)—Arbitration Act 1996, s 9 PubDate: 2012-01-12 DOI: 10.1093/alrr/alr022
First page: 433 Abstract: AbstractArbitration award—Challenge—Serious irregularity—Arbitrators ruling no new arguments permitted—Arbitrators ruling that closing submissions would be disregarded if no earlier reliance on Carriage of Goods Act to establish title—Arbitrators relying on Carriage of Goods Act—Whether arbitrators in breach of their own procedural order (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Challenge—Serious irregularity—Fairness—Arbitrators awarding damages in US dollars—Damages allegedly suffered in Nigerian naira—Whether opportunity to address point during the arbitration (yes)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Appeal—Error of law—Burden of proof—Arbitrators awarding damages on the basis that cargo owner had not proved causation of damages by ship owners—Whether arbitrators erred in law (yes)—Whether to remit award to arbitrators (yes)—Arbitration Act 1996, s 69Arbitration award—Appeal—Error of law—Permission—Arbitrators awarding damages in US dollars—Damages allegedly incurred in Nigerian Naira—Whether error of law (no)—Whether finding of fact (yes)—Whether to grant permission to appeal (no)—Arbitration Act 1996, s 69 PubDate: 2012-08-09 DOI: 10.1093/alrr/alr024
First page: 455 Abstract: AbstractArbitration proceedings—Confidentiality—Receivership order requiring the production of documents and information and allowing disclosure—Application to court for interim relief in support of arbitration proceedings—Production of evidence and documents filed in court proceedings to receivers—Whether receivers might disclose the information received (yes)—Arbitration Act 1996, s 44 PubDate: 2012-01-13 DOI: 10.1093/alrr/alr025
First page: 467 Abstract: AbstractArbitration agreement—Enforcement—Stay—Agreement containing arbitration clause—Second related agreement governed by English law—Disputes concerning new pricing arrangements referred to arbitration—Court proceedings commenced for breach of second related agreement—Whether issues arising in court proceedings within scope of arbitration agreement (no)—Whether to grant a stay (no)—Arbitration Act 1996, s 9 PubDate: 2012-01-12 DOI: 10.1093/alrr/alr026
First page: 483 Abstract: AbstractArbitration agreement—Enforcement—Stay—ICC arbitration agreement—Claimant commencing parallel court and arbitration proceedings—Whether court had jurisdiction to determine existence of arbitration agreement (yes)—Whether Claimant's commencement of proceedings merely protective (no)—Whether to stay court proceedings (no)—Arbitration Act 1996, s 9Arbitration proceedings—Anti-arbitration injunction—Non-signatories—ICC Court determining prima facie existence of arbitration agreement—Whether court had jurisdiction to grant injunction restraining New York arbitration (yes)—Whether to grant anti-arbitration injunction (yes)—Senior Court Act 1981, s 37 PubDate: 2012-05-15 DOI: 10.1093/alrr/alr027
First page: 515 Abstract: AbstractAbritrators—Appointment—Arbitration agreement stipulating appointment of three members of the Ismaili community—Appointment of arbitrator not a member of the Ismaili community—Whether arbitrator an ‘employee’ (no)—Whether Employment Equality Regulations applied (no)—Whether arbitration agreement void (no)—Arbitration Act 1996, s 18 PubDate: 2012-01-27 DOI: 10.1093/alrr/alr028
First page: 545 Abstract: AbstractArbitration award—Enforcement—Order registering award as judgment of court—Freezing order granted—Whether to vary freezing order to permit payment of interest to lenders (yes)—Arbitration Act 1996, s 66 PubDate: 2012-01-17 DOI: 10.1093/alrr/alr029
First page: 563 Abstract: AbstractArbitration award—Challenge—Serious irregularity—Extension of time—Arbitrators issuing consent judgments and consent award—Challenge to award on ground of fraud—Application for extension of time some five months after award—Whether to grant extension of time (yes)—Arbitration Act 1996, s 70(3) and 80(5)Arbitration award—Enforcement—Injunction against enforcement—Consent award—Parties' agreeing stay of enforcement—Allegations that consent award affected by fraud—Injunction obtained against enforcement—Whether failure to make full disclosure in application for injunction (yes)—Whether to continue injunction (no) PubDate: 2012-02-22 DOI: 10.1093/alrr/alr030
First page: 589 Abstract: AbstractArbitration award—Enforcement—Jurisdiction—Party resisting enforcement contesting existence of contract—Whether party participated in the arbitration (no)—Whether loss of rights to contest jurisdiction (no)—Whether action on the award required (no)—Whether court could direct trial of issue of jurisdiction (yes)—Whether to stay enforcement proceedings (no)—Arbitration Act 1996, ss 66 and 73Arbitration award—Enforcement—Spanish court dismissing stay application—Spanish court also dismissing application for a declaration that no contract had been concluded—Whether English court bound by Spanish court's decision to refuse stay (no)—Whether decisions by Spanish courts gave rise to issue estoppel (no)—Whether English court had jurisdiction (yes)—Arbitration Act 1996, s 66 PubDate: 2012-02-07 DOI: 10.1093/alrr/alr031
First page: 607 Abstract: AbstractArbitration agreement—Existence—Offer containing arbitration agreement not accepted—Conditional counter offer not accepted—Whether parties concluded main agreement (no)—Whether arbitration agreement came into existence (no) PubDate: 2012-02-07 DOI: 10.1093/alrr/alr032
First page: 623 Abstract: AbstractInterim measures—Commencement of arbitration—Threat to sell vessel contrary to contractual obligations of notice and first offer—Injunction preventing sale granted ex parte—Whether ex parte application appropriate (no)—Whether circumstances of urgency (no)—Whether to discharge injunction (yes)—Arbitration Act 1996, s 44 PubDate: 2012-02-01 DOI: 10.1093/alrr/alr033
First page: 635 Abstract: AbstractInterim measures—Creditor of company in voluntary liquidation applying for order that liquidators disclose documents required for arbitration proceedings in Germany—Arbitration against third party—Whether to order disclosure (yes)—Insolvency Act 1986, ss 112 and 155 PubDate: 2012-02-03 DOI: 10.1093/alrr/alr034
First page: 641 Abstract: AbstractArbitration award—Challenge—Jurisdiction—Parties—Mistake as to name of party to contract—Arbitrator deciding that no contract and no arbitration agreement concluded between parties to arbitration—Whether contract by performance (yes)—Whether to set aside award (yes)—Arbitration Act 1996, s 67 PubDate: 2012-02-29 DOI: 10.1093/alrr/alr035
First page: 659 Abstract: AbstractArbitration agreement—Enforcement—Anti–suit injunction granted to restrain proceedings in Chile—Salvage services engaged in urgent circumstances—Whether parties agreed a London arbitration agreement (yes)—Whether to discharge anti–suit injunction (no)—Senior Court Act, s 37 PubDate: 2012-02-08 DOI: 10.1093/alrr/alr036
First page: 683 Abstract: AbstractArbitration award—Enforcement—Permission to enforce declaratory award—Whether award capable of ‘enforcement’—Whether to set aside order for permission to enforce (no)—Arbitration Act 1996, s 66 PubDate: 2012-02-22 DOI: 10.1093/alrr/alr037
First page: 691 Abstract: AbstractArbitration agreement—Enforcement—Stay—Dispute resolution clause providing for the appointment of an ‘expert’ to determine any difference or dispute as to the meaning of contract—Whether arbitration agreement (no)—Whether provision for expert determination (yes)—Whether to grant a stay (no)—Arbitration Act 1996, s 9 PubDate: 2012-02-22 DOI: 10.1093/alrr/alr038
First page: 713 Abstract: AbstractArbitration award—Enforcement—Awards set aside by Russian courts—Amsterdam Court of Appeal refusing to recognize Russian decisions on ground of lack of independence of Russian judiciary—Whether to enforce award in England—Whether decision of Amsterdam Court of Appeal giving rise to issue estoppel (yes)—Whether English courts precluded by Act of State or Non-justiciability from considering allegations of lack of independence of the Russian judiciary (no) PubDate: 2012-03-06 DOI: 10.1093/alrr/alr039
First page: 761 Abstract: AbstractArbitration award—Enforcement—Arbitrators issuing declaratory award upholding jurisdiction—Whether purely declaratory award enforceable (yes)—Whether judgment entered in terms of award a judgment under the Brussels Convention (yes)—Arbitration Act 1996, s 66 PubDate: 2012-02-25 DOI: 10.1093/alrr/als001
First page: 771 Abstract: AbstractArbitration agreement—Enforcement—Nine-month time limit for reference of claims to arbitration—Insurer denying liability—Arbitration not commenced in respect of insurer's denial of liability—Damages suffered by third parties determined by courts—Subsequent commencement of litigation by third parties to recover damages from insurer—Whether claims precluded by arbitration clause time bar (no) PubDate: 2012-03-13 DOI: 10.1093/alrr/als016
First page: 785 Abstract: AbstractArbitration award—Appeal—Question of law—Permission—Exclusion agreement—Arbitration agreement stating arbitrators ‘will settle the dispute to the exclusion of any ordinary court’—Whether exclusion of appeals on question of law (yes)—Whether to grant permission (no)—Arbitration Act 1996, s 69(1) PubDate: 2012-02-25 DOI: 10.1093/alrr/als003
First page: 803 Abstract: AbstractArbitrator—Removal—Bias—Sole arbitrator instructed as barrister by one party's solicitors in unrelated litigation—Whether real possibility of apparent bias (no)—Whether to remove arbitrator (no)—Arbitration Act 1996, s 12Arbitration Award—Challenge—Serious irregularity—Fairness—Arbitrator instructed as barrister by one party's solicitors in unrelated litigation—Arbitrator giving late disclosure of instructions—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a) PubDate: 2012-03-13 DOI: 10.1093/alrr/als004
First page: 827 Abstract: AbstractArbitration award—Appeal—Question of law—Permission—Whether arbitrator's assessment of evidence an appealable question of law (no)—Whether admission of inadmissible evidence an appealable question of law (no)—Whether to grant permission (no)—Arbitration Act 1996, s 69 PubDate: 2012-03-02 DOI: 10.1093/alrr/als005
First page: 841 Abstract: AbstractArbitration agreement—Enforcement—Stay—Incorporation by reference—Proposal for services to be provided on the basis of standard form contract—Standard form containing arbitration agreement—Whether agreement by conduct (yes)—Whether arbitration agreement incorporated by reference (yes)—Arbitration Act 1996, s 9Arbitration agreement—Enforcement—Stay—Request for disclosure of documents in litigation—Correspondence concerning time table for service of defence in litigation—Whether step in the proceedings (no)—Arbitration Act 1996, s 9(3) PubDate: 2012-02-16 DOI: 10.1093/alrr/als006
First page: 849 Abstract: AbstractArbitration award—Challenge—Serious Irregularity—Issues—Illegality of contract raised as defence—Arbitrators holding that nationality of buyer not relevant to illegality defence—Whether arbitrators failing to deal with other points concerning illegality defence (yes)—Whether serious irregularity (yes)—Whether award should be remitted (yes)—Arbitration Act 1996, s 68(2)(d) PubDate: 2012-02-25 DOI: 10.1093/alrr/als007
First page: 863 Abstract: AbstractArbitration award—Challenge—Serious irregularity—Fairness—Allegation that arbitrators made finding not pleaded by either party—Whether arbitrators made alleged finding (no)—Whether serious irregularity (no) Arbitration Act 1996, s 68(2)(a)Arbitration award—Appeal—Permission—Question of law—Whether arbitrators’ alleged conclusion an error of law—Whether arbitrators made the alleged conclusion (no)—Whether arbitrators made an obviously wrong statement of law (no)—Whether to grant permission (no)—Arbitration Act 1996, s 69Arbitration award—Remission—Whether reasoning in award unclear or incomplete (no)—Whether to remit award to arbitrators (no)—Arbitration Act 1996, s 70 PubDate: 2012-03-26 DOI: 10.1093/alrr/als008
First page: 875 Abstract: AbstractArbitral proceedings—Interim measures—Injunction—Evidence—Expert instructed by one party providing evidence for opposing party—Arbitral tribunal refusing to prevent expert from giving evidence—Whether to grant injunction restraining expert from acting (no) PubDate: 2012-02-15 DOI: 10.1093/alrr/als009
First page: 885 Abstract: AbstractArbitration agreement—Enforcement—Anti-suit injunction—London arbitration—Legal proceedings commenced in Moscow by member of same corporate group as party to arbitration—Alternative service of claim form for anti-suit injunction—Whether court has jurisdiction in relation to non-party (yes)—Whether retrospectively to validate service effected in England (yes)—Whether alternative service in Russia valid (yes)—Arbitration Act 1996, s 44 PubDate: 2012-03-05 DOI: 10.1093/alrr/als010
First page: 925 Abstract: AbstractArbitration Award—Challenge—Serious irregularity—Fairness—Arbitrators not drawing parties’ attention to court decision—Arbitrators not applying court decision—Whether arbitrators obligated to raise point with the parties (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a) PubDate: 2012-03-05 DOI: 10.1093/alrr/als011
First page: 933 Abstract: AbstractArbitration award—Appeal—Question of law—Permission to appeal granted on the basis of errors of fact involving errors of law—Whether errors of law (no)—Whether to grant appeal (no)—Arbitration Act 1996, s 69Arbitration award—Challenge—Serious irregularity—Arbitrators expressing view on reasonableness of settlement under cover in dispute—Issue of reasonableness not referred to arbitrators—Whether serious irregularity (no)—Arbitration Act s 68(2)(a) PubDate: 2012-03-13 DOI: 10.1093/alrr/als012
First page: 943 Abstract: AbstractArbitration award—Challenge—Serious irregularity—Fairness—Party alleging it had no notice of arbitral proceedings—Whether arbitrator failed to ensure party's representatives properly appointed (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Challenge—Serious irregularity—Failure to comply with agreed procedure—Party alleging it had no notice of arbitral proceedings—Agreed procedure requiring appointment of representatives—Whether arbitrator failed to ensure party's representatives properly appointed (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(c)Arbitration award—Challenge—Serious irregularity—Party alleging it had no notice of arbitral proceedings—Whether arbitrator accepted that an irregularity had occurred (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(i)Arbitration award—Challenge—Time limits—Party unaware that award not enforceable in China—Party unaware of opportunity to set aside award until defence in English proceedings—Whether to extend time (yes)—Arbitration Act 1996, s 79Arbitration award—Arbitrator issuing final award—Enforcement in China—Party alleging it had no notice of arbitral proceedings—Whether arbitrator had jurisdiction to render further awards (no)—Whether arbitrator functus officio (yes)—Arbitration Act 1996, s 32 PubDate: 2012-03-21 DOI: 10.1093/alrr/als013
First page: 953 Abstract: AbstractArbitration agreement—Enforcement—Stay—Claims of rescission and damages for misrepresentation—Whether claims within arbitration agreement (yes)—Whether arbitrator had jurisdiction to grant relief sought (no)—Whether to grant stay (no)—Arbitration Act 1996, s 9Arbitrator—Powers—Specific performance—Separate building and sales contracts—Claim for specific performance under building contract—Whether claim under building contract relating to land (yes)—Whether arbitrator had power to grant specific performance (no)—Arbitration Act 1996, s 48(5)(b) PubDate: 2012-03-06 DOI: 10.1093/alrr/als014
First page: 959 Abstract: AbstractArbitration agreement—Enforcement—Anti-suit injunction—Terms on back of bill of lading purporting to incorporate arbitration agreement contained in time charter—Commencement of litigation in China and arbitration in London—Chinese court finding arbitration agreement not incorporated—Whether urgency (yes)—Whether arbitral tribunal able to grant relief (no)—Whether high possibility that arbitration agreement existed (yes)—Whether to extend anti-suit injunction (yes)—Arbitration Act 1996, s 44, Senior Courts Act 1981, s 37(1) PubDate: 2012-03-13 DOI: 10.1093/alrr/als015
First page: 967 Abstract: AbstractArbitration award—Challenge—Serious irregularity—Fairness—Arbitrators limiting oral hearing to questions of liability and deferring issues of quantum—Arbitrators proceeding to deal with types of remedies to be ordered –Whether arbitrators had deferred question of appropriate remedies (no)—Whether fair opportunity to address remedies (yes)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Challenge—Serious irregularity—Fairness—Arbitrators finding confidential information destroyed—Arbitrators finding no financial loss caused by destruction—Whether loss pleaded in the arbitration (no)—Whether arbitrators obligated to afford opportunity to address loss point (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Challenge—Serious irregularity—Fairness—Arbitrators finding underbilling of clients in breach of contract—Arbitrators finding amounts to be small—Arbitrators finding amounts to be incapable of quantification—Arbitrators ordering compensation by denying profit share over relevant period—Whether arbitrators relied on points not raised in the arbitration (no)—Whether arbitrators making findings in the absence of evidence (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Challenge—Serious irregularity—Fairness—Allegation of secret profits in the form of shares—Arbitrators finding shares held in trust in favour of third party when transferred—Whether ownership or control of shares a point advanced during the arbitration (yes)—Whether arbitrators entitled to carry out novel analysis (yes)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Challenge—Serious irregularity—Excess of powers—Arbitrators deciding shares beneficially held by third party—Whether finding determined any dispute with third party (no)—Whether finding in excess of arbitrators’ powers (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(b)Arbitration award—Challenge—Serious irregularity—Agreed procedure—Arbitrators bifurcating proceedings—Deferment of questions on quantum—Award following oral hearing on liability—Arbitrators deciding types of remedies to be ordered—Whether arbitrators had deferred question of remedies (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(c)Arbitration award—Challenge—Serious irregularity—Issues—Arbitrators choosing approach which absolved them from need to inquire into quantum of damages—Arbitrators concluding amount of damages incapable of quantification—Arbitrators ordering compensation by denying profit share to party in breach—Whether failure to deal with damages (no)—Whether under compensation (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(d)Arbitration award—Challenge—Serious irregularity—Issues—Arbitrators finding party in breach of contract—Arbitrators deciding party nonetheless entitled to one third interest in company under the contract—Whether party in breach allowed to profit from its own wrong (no)—Whether failure to deal with issue (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(d)Arbitration award—Challenge—Serious irregularity—Issues—Arbitrators finding breach of disclosure obligations—Arbitrators ordering monetary damages in favour of party in breach—Whether failure to deal with breach of disclosure obligations (no)—Whether failure to deal with allegations concerning diversion of business (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(d)Arbitration award—Challenge—Serious irregularity—Issues—Arbitrators directing an account of payments by rival law firm—Arbitrators not making an order against party as a “partner” in rival law firm—Arbitrators not finding that party was a partner in rival law firm (no)—Whether issue raised during arbitration (no)—Whether failure to deal with an issue (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(d)Arbitration award—Challenge—Serious irregularity—Public policy—Arbitrators deciding no transfer of shares as secret profit—Arbitrators deciding shares held in trust for third party—Whether dishonest scheme (no)—Whether award advanced the scheme (no)—Whether arbitrators obligated to defer decision until completion of investigations by regulatory authorities (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(g)Arbitration award—Challenge—Serious irregularity—Public policy—New evidence—Arbitrators deciding no transfer of shares as secret profit—Arbitrators not having benefit of documentary evidence overlooked and not produced in arbitration—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(g)Arbitration award—Appeal—Permission—Question of law—Whether application for permission identified questions of law—Whether arbitrators’ decisions obviously wrong (no)—Whether to grant permission to appeal (no)—Arbitration Act 1996, s 69 PubDate: 2012-08-09 DOI: 10.1093/alrr/als002
First page: 1 Abstract: AbstractArbitration proceedings—Anti-Arbitration injunction—English courts deciding that Budapest arbitration agreement did not exist—Arbitration commenced in Hungary under arbitration agreement in writing—Whether court had jurisdiction to restrain pursuit of arbitration in Hungary (yes)—Whether ‘exceptional circumstances’ (yes)—Whether to grant injunction …(yes)—Senior Courts Act (1981), s 37 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr001
First page: 13 Abstract: AbstractArbitration Award—Challenge—Jurisdiction—Undisclosed principal concluding contract through agent—Arbitrators deciding in favour of jurisdiction—Whether undisclosed principal could invoke arbitration agreement (yes)—Arbitration Act 1996, ss 7 and 67 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr002
First page: 27 Abstract: AbstractArbitration award—Challenge—Serious irregularity—Fairness—Arbitrators failing to order disclosure of documents—Arbitrators allowing admission of witness statement on eve of oral hearing—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a)Arbitration award—Challenge—Serious irregularity—Issues—Majority arbitrators not stating why witness evidence relied on credible—Majority arbitrators not addressing points raised by dissenting arbitrator—Whether failure to deal with issues (no)—Arbitration Act 1996, s 68(2)(d)Arbitration award—Appeal—Question of law—Interim measures—Application for security in New York—Arbitrators deciding that application not a breach of the arbitration agreement—Whether arbitrators erred in law (no)—Arbitration Act 1996, s 69Arbitration award—Appeal—Question of law—Permission to appeal granted on three issues—Whether arbitrators erred in law (no)—Arbitration Act 1996, s 69 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr003
First page: 43 Abstract: AbstractArbitration Award—Challenge—Jurisdiction—Subject matter—Arbitration agreement requiring commencement within 30 days—Arbitration commenced late—Whether arbitrators had jurisdiction over claims (yes)—Whether claims time-barred (yes)—Arbitration Act 1996, s 67Arbitration Award—Appeal—Permission—Question of law—Whether to grant permission (no)—Arbitration Act 1996, s 69 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr004
First page: 53 Abstract: AbstractArbitration Agreement—Enforcement—Bankruptcy—Party to London arbitration agreement in Swiss bankruptcy proceedings—Whether disputes should be resolved in London arbitration (yes)—Cross-Border Insolvency Regulations 2006 and the UNCITRAL Model Law on Cross-Border Insolvency, Art 17 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr005
First page: 71 Abstract: AbstractArbitration Agreement—Enforcement—Stay—Whether arbitration agreements null and void, inoperative or incapable of being performed (no)— Whether to grant a stay (yes) Arbitration Act 1996, s 9 PubDate: 2011-12-15 DOI: 10.1093/alrr/alr006
First page: 89 Abstract: AbstractArbitration agreement—Enforcement—Stay—Injunctive relief – Partner in law firm commencing proceedings before employment tribunal—Whether arbitration agreement enforceable (no)— Whether to grant application requiring partner to consent to a stay—(no)—Employment Rights Act, s 203 and Equality Act 2010, s 144(1) PubDate: 2011-12-19 DOI: 10.1093/alrr/alr007
First page: 103 Abstract: AbstractInterim measures—Preservation of assets—Cyprus arbitrators ordering party not to dissipate assets—Application for orders in England—Non-parties to arbitration—Whether court had jurisdiction (yes)—Arbitration Act 1996, s 44 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr008
First page: 107 Abstract: AbstractInterim measures—Injunction—Arbitral tribunal not constituted—Share holders disputing issue of new shares—Whether one party entitled to offer of new shares—Whether to grant injunction to prevent Company from proceeding with share issue (no)—Arbitration Act 1996, s 44 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr009
First page: 121 Abstract: AbstractInterim measures—Freezing injunction—Arbitration agreement contained in FOSFA Form 54—Scott v Avery clause precluding court action prior to final arbitration award—Whether precluded legal proceedings includes interim measures (yes)—Whether to set aside freezing injunction (yes)—Arbitration Act 1996, s 44 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr010
First page: 145 Abstract: AbstractAward—Enforcement—Payment into court—Injunction against enforcement withdrawn—Whether payment into court should be returned (no)—Arbitration Act 1996, ss 44 and 66 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr011
First page: 163 Abstract: AbstractInterim measures—Party in receivership—Court ordering the commencement of arbitration by the Receiver—Whether the court had jurisdiction—Whether the arbitrators had jurisdiction to decide issues referred—Whether to discontinue the arbitration (no)—Arbitration Act 1996, s 44 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr012
First page: 191 Abstract: AbstractArbitration proceedings—Time limits of administering institution exceeded—Extension by the court—Whether to extend time (no)—Arbitration Act 1996, s 79Arbitration award—Final award not taken up and not published—Status of partial or interim awards—Whether final and binding (yes)—Arbitration Act 1996, ss 39 and 47 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr014
First page: 289 Abstract: AbstractArbitration agreement—Enforcement—Stay—Court at first instance deciding that Budapest arbitration agreement did not exist—Court at first instance refusing permission to appeal—Whether courts or arbitrators should decide arbitral jurisdiction—Whether agreement to English jurisdiction clause can be based on one party's silence (no)—Whether to grant permission to appeal (yes)—Arbitration Act 1996, s 9Anti-Arbitration injunction—English courts deciding that Budapest arbitration agreement did not exist—Arbitration commenced in Hungary—Court at first instance granting anti-arbitration injunction on the basis of ‘exceptional circumstances’—Whether to grant permission to appeal (yes)—Senior Court Act, s 37 PubDate: 2011-12-19 DOI: 10.1093/alrr/alr016
First page: 301 Abstract: AbstractArbitration agreement—Enforcement—Stay—Injunctive relief—Partner in law firm commencing proceedings before employment tribunal—Whether arbitration agreement enforceable (no)—Whether to require partner to consent to a stay –(no)—Employment Rights Act, s 203 and Equality Act 2010, s 144(1) PubDate: 2011-12-23 DOI: 10.1093/alrr/alr018
First page: 305 Abstract: AbstractArbitration award—Appeal—Error of law—Permission—Arbitrator taking into account improvements to premises by tenant—Whether issue raised before arbitrator (no)—Whether question of law arising out of award (no)—Whether to grant permission (no)—Arbitration Act 1996, s 69Arbitration award—Challenge—Serious Irregularity—Issues—Whether arbitrator failed to deal with an issue of law—Whether issue put to the arbitrator (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(d) PubDate: 2011-12-19 DOI: 10.1093/alrr/alr019
Hybrid journal (It can contain Open Access articles)
[370 journals]
