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Dispute Resolution

Arbitration Law

Latest update available – Service Issue 96

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Service Issue 96 brings the main work up to date to 2 January 2024. Chapters 1–3, 6–10, 14 and 16–21 have been updated.

Some of the cases discussed in Service Issue 96 include:

 

Arbitration law in 2023: a review of developments in case law

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This review covers, without seeking to be exhaustive, the court decisions and developments in the field of arbitration in 2023. It covers the main cases and trends in England and Wales, as well as in other key common law arbitration seat jurisdictions including Hong Kong SAR and Singapore.

By way of structure, this review analyses cases in a sequence that mirrors the structure and chronology of a dispute resolved through arbitration – ie starting with the commencement of an arbitration and ending with the enforcement of a foreign award by a court. There is also a section on relief granted by courts in aid of arbitration.

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Current issue available

Arbitration Law Monthly

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Arbitration Law Monthly is a specially designed information service that provides you with critical and essential analysis of global arbitration court decisions. Covering a wide range of industries including construction, banking, energy, gas, insurance, oil and shipping, Arbitration Law Monthly offers you a convenient round-up of news, information and analysis in an easy-to-read format.

The latest issue of Arbitration Law Monthly is available here

Dispute Resolution Search

New book available

Arbitration Cause and Third Parties, 1st Edition

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Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties.

Don't forget:

Lloyd's Law Reports: for arbitration-related reports of court decisions

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Lloyd’s Law Reports is the unrivalled source of authoritative content, edited by Professor Robert Merkin KC and Dr Johanna Hjalmarsson, both experts in the maritime and commercial sector. Legal professionals around the globe regard Lloyd’s Law Reports as the leader in providing them with the latest case law and approved judgments.

Access Lloyd's Law Reports on i-law.com, available in our Maritime and Commercial collection of titles.

Arbitration Law Monthly

Stay of proceedings: arbitrability of winding-up proceedings

It is settled law that an arbitral tribunal cannot wind up a company. In FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33; [2023] 2 Lloyd's Rep 527, an appeal to the Privy Council from the Court of Appeal of the Cayman Islands, the further question was whether the disputes which have given rise to a winding-up petition are arbitrable so that the winding-up petition can be stayed pending the outcome of the arbitration.
Online Published Date:  15 May 2024
Appeared in issue:  Vol 24 No 5 - 15 May 2024

Stay of proceedings: the scope of the obligation to stay

Section 9(1) of the Arbitration Act 1996 provides that: "Aparty to an arbitration agreement against whom legal proceedings are brought ... in respect of a matter which under the agreement is to be referred to arbitration may ... apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter". There is conflicting authority on the meaning of the word "matter" as used in section 9.
Online Published Date:  15 May 2024
Appeared in issue:  Vol 24 No 5 - 15 May 2024

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