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Termination of an arbitration agreement
Agreement to terminate and stay of proceedings
In
Downing v Al Tameer Establishment [2002] EWCA Civ 721 the Court of Appeal addressed the crucial question of whether the refusal of one party to go to arbitration, and the commencement of judicial..
Online Published Date:
01 August 2002
Appeared in issue:
Vol 2 No 7 - 01 August 2002
Alternative dispute resolution
ADR and the costs sanction
In
Dunnett v Railtrack plc (No 1) [2002] EWCA Civ 302 and
Dunnett v Railtrack plc (No 2) [2002] EWCA Civ 303, [2002] 2 All ER 850 the Court of Appeal has made it clear that a failure by a party to consider ADR when this..
Online Published Date:
01 August 2002
Appeared in issue:
Vol 2 No 7 - 01 August 2002
Arbitration in Norway
Arbitration concerning the Troll oil field
This note, by Anders Ryssdal and Hans Aarre, both of Wiersholm, Mellbye & Bech, Oslo, discusses the recent Norwegian arbitral award concerning the Troll oil field.
Background to the dispute
In 1986..
Online Published Date:
01 August 2002
Appeared in issue:
Vol 2 No 7 - 01 August 2002
The definition of arbitration
Arbitration subject to condition
The distinction between arbitration and other dispute resolution processes is often a fine one, but it is crucial as arbitration legislation applies only to arbitration and not to anything else. The New South Wales..
Online Published Date:
01 August 2002
Appeared in issue:
Vol 2 No 7 - 01 August 2002
Commencing arbitration in Hong Kong
Extension of time
The English Arbitration Act 1950, s27, conferred wide powers upon the English courts to override the agreed time limits for the commencement of arbitration. It was possible to apply to the courts for an extension of time, and this..
Online Published Date:
01 August 2002
Appeared in issue:
Vol 2 No 7 - 01 August 2002