Arbitration Law Monthly

Waiver and substantial injustice In Mohsin v Commonwealth Secretariat [2002] EWHC 377 (Comm), a decision of David Steel J, the claimant alleged that the arbitral tribunal had without her knowledge been incorrectly constituted. The case considers..

The availability of declaratory relief The Arbitration Act 1996 contains detailed and complex provisions whereby the jurisdiction of the arbitrators can be determined initially by the arbitrators themselves subject to the right of an objecting party..

Binding effect of settlements following mediation Haines v Carter, 2002, unreported, a decision of the Privy Council on appeal from New Zealand, concerned the proper interpretation of a mediation clause and the circumstances in which the mediators..