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Application for relief
The Arbitration Act 1996 sets out various mechanisms by which a person who believes that he has been dragged into an arbitration without his agreement may challenge the jurisdiction of the arbitrators. One such mechanism is an application to the..
Online Published Date:
01 April 2006
Appeared in issue:
Vol 6 No 4 - 01 April 2006
Enforcement against the assets of sovereign states
The State Immunity Act 1978 confers various immunities on sovereign states and central banks, both as regards being sued in the English courts and having judgments against them being enforced in the English courts. In
AIG Capital Partners and..
Online Published Date:
01 April 2006
Appeared in issue:
Vol 6 No 4 - 01 April 2006
Public policy and failure to deal with all issues
Langley J in
Protech Projects Construction (Pty) Ltd v Al-Kharafi & Sons [2005] EWHC 2165 (Comm) was faced with two challenges under s68 of the Arbitration Act 1996 to a series of awards arising out of a construction dispute. The first..
Online Published Date:
01 April 2006
Appeared in issue:
Vol 6 No 4 - 01 April 2006
Tribunal’s failure to deal with issue
Section 68 of the Arbitration Act 1996 provides that an arbitration award made in England and Wales may be challenged on the grounds that a serious irregularity has occurred, causing substantial injustice to the applicant and affecting either the..
Online Published Date:
01 April 2006
Appeared in issue:
Vol 6 No 4 - 01 April 2006
Scope of the arbitration clause
A common issue that can arise in respect of an arbitration clause is whether the various claims which are made fall within its terms. The English courts have now all but accepted that if judicial proceedings are brought in England and it is alleged..
Online Published Date:
01 April 2006
Appeared in issue:
Vol 6 No 4 - 01 April 2006