Arbitration Law Monthly

Section 67 of the Arbitration Act 1996 permits an appeal against an award on the ground that the arbitrators have asserted, or not asserted, substantive jurisdiction over a dispute. It is settled that the appeal is not simply a review of the award to determine if the arbitrators have reached a conclusion that was not open to them, but rather is a complete rehearing.

If the parties agree to negotiate prior to commencing arbitration, is that obligation enforceable? Teare J in Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm) has effectively broken new ground by holding that arbitration cannot proceed unless and until that obligation is satisfied.

X Chartering v Y [2014] HKCFI 494, a decision of the Hong Kong Court of First Instance, is a robust rejection of a variety of grounds used to challenge the enforcement of an English arbitration award in Hong Kong. The case is discussed by Edward Yang Liu, Associate, DLA Piper Hong Kong.

A question often raised, but until Martrade Shipping & Transport GmbH v United Enterprises Corporation (The Wisdom C) [2014] EWHC 1884 (Comm) not resolved, is exactly when London arbitrators can award interest under the Late Payment of Commercial Debts (Interest) Act 1998. That Act allows interest of 8 per cent above base rate to be awarded where a payment under a commercial contract is unjustifiably delayed.