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Tag: arbitration act 1996

Showing 10 out of 10 results

18 November 2024

Arbitration and Sanctions in O v C: A Balancing Act

The English High Court recently considered whether to order a party to make a payment into court in support of an ongoing arbitration despite the risk of …

22 September 2023

UK Supreme Court interprets the "stay" provisions of s9 of the Arbitration Act 1996: rules Mozambique's claims fall outside scope of arbitration agreements and rejects s9 application for stay

Introduction In Republic of Mozambique v Privinvest Shipbuilding SAL and others [2023] UKSC 32, the Supreme Court has unanimously found the Republic of …

21 June 2023

English Commercial Court rules that a party must act "promptly" in raising a challenge to the effectiveness of arbitral proceedings, and rejects application for set aside of partial award

Summary In Radisson Hotels APS Denmark v Hayat Otel Işletmeciliği Turizm Yatırım Ve Ticaret Anonim Şirketi [2023] EWHC 892 (Comm) the Commercial Court …

22 September 2022

Fine-tuning the English Arbitration Act: reactions to the Law Commission's consultation paper

Today, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the "Act"). The stated aim of the …

07 June 2022

English High Court confirms that a non-participating party may contest jurisdiction even though an arbitrator has been appointed

In National Investment Bank Ltd v Eland International (Thailand) Co. Ltd and another [2022] EWHC 1168 (Comm), the English High Court considered the …

22 March 2021

ENGLISH COURT UPHOLDS ALTERNATIVE SERVICE OUTSIDE THE HAGUE SERVICE CONVENTION OF AN ORDER FOR ENFORCEMENT

04 March 2021

English Court rules that pre-conditions to arbitration are not matters of jurisdiction

05 May 2020

SECTION 1782 UPDATE: U.S. FOURTH CIRCUIT COURT OF APPEALS HOLDS THAT U.S. DISCOVERY CAN BE USED IN AID OF INTERNATIONAL COMMERCIAL ARBITRATIONS AND SUPREME COURT MAY NOW RESOLVE THE CIRCUIT SPLIT

01 November 2018

English court sets aside arbitration award for serious irregularity due to tribunal's non-disclosure of novel point central to award

The odds of successfully challenging an arbitral award in the English Courts on the basis of s68 of the Arbitration Act 1996 (serious irregularity) …

05 July 2016

Arbitral tribunal's refusal to strike out a claim could not be challenged under s68 or s69 of the Arbitration Act 1996

In a recent decision, the Mercantile Court dismissed two appeals under s68 (procedural irregularity) and s69 (error of law) of the Arbitration Act 1996 …