Arbitration Law Monthly

The existence of an arbitration clause Anglia Oils Ltd v The Owners/Demise Charterers of the Vessel Marine Champion [2002] EWHC 2407 (Admlty) is a further illustration of the problems faced by the English courts where an action is brought in the..

The parties to an arbitration agreement In Hussmann (Europe) Ltd v Pharaon [2003] EWCA Civ 266, the Court of Appeal has upheld the decision of Mr Martin Brindle QC, Deputy High Court judge, concerning the effects on the arbitrators of a court..

Winding up as a terminating event The death of a party to an arbitration agreement does not have an automatic terminating effect on the agreement. The personal representatives of that party are entitled to continue the arbitration on behalf of the..

The discretion of the court Section 79 of the Arbitration Act 1996 allows the court to extend contractual (or default) time limits where deadlines have been missed. The power is one which is not to be exercised lightly, although the circumstances in..

Failure to give reasons Under s52(3) of the Arbitration Act 1996 an award ‘shall contain reasons for the award’. There is no mention in s52(3) of the sanction for a failure to include reasons, although the scheme of the 1996 Act suggests..