Arbitration Notes

English Court confirms strict approach to contractual interpretation of time limits in light of the Arbitration Act

The English Commercial Court has dismissed an appeal under s69 of the Arbitration Act because the bespoke clause provided that the time limit to appeal …

ENGLISH COURT ALLOWS SECTION 69 APPEAL ON POINT OF LAW AGAINST AWARD ISSUED BY JUDGE-ARBITRATOR

In the recent decision of Equitas Insurance Limited v Municipal Mutual Insurance Limited [2019] EWCA Civ 718 (available here), the Court of Appeal …

CONTRACTUAL DISPUTE ARISING OUT OF HACKING: ENGLISH COURT CONSIDERS CHALLENGE TO AWARD UNDER s68 AND s69 OF THE ARBITRATION ACT 1996

In a rare example of a successful challenge under s68 of the Arbitration Act 1996 (the Act), in K v A [2019] EWHC 1118 (Comm), the English Court held …

ENGLISH COURT FINDS ONE ERROR OF LAW BUT DECLINES TO OVERTURN AWARD UNDER S69 ARBITRATION ACT 1996

English Commercial Court releases s68 and s69 statistics: the high hurdle remains

On 29 April 2018, the Judiciary of England and Wales published the Commercial Court Users' Group Meeting Report – March 2018. Contained within that …

English court upholds arbitrator's decision to award claimant the costs of third party funding

The English court has refused a challenge under s68(2)(b) of the Arbitration Act 1996 (the Act) and held that a sole arbitrator did not exceed his powers …

UK Supreme Court rules on section 69 challenge to an arbitral award: do the courts plan to take a more active role in arbitration?

On 11 May 2016 the Supreme Court handed down a ruling on a challenge to an arbitral award on a point of law, under section 69 of the Arbitration Act …

International contracts and application of the Late Payments of Commercial Debts (Interest) Act 1998: London arbitration clause does not provide a "significant connection" to England

In an appeal on a point of law under s69 of the Arbitration Act 1996 in Martrade Shipping & Transport GmbH v United Enterprises Corporation, the …