Arbitration Law Monthly

Stay of proceedings The decision of Deputy High Court Judge Julian Flaux QC in El Nasharty v J Sainsbury plc [2003] EWHC 2195 (Comm) raised the question of whether the court was required to stay its proceedings so that the dispute could go to..

Stay of enforcement Under s66 Arbitration Act 1996 an application may be made to the court by the successful party to an arbitration to have the award enforced as if it was a judgment of the court. The cases on s66 and its predecessors in earlier..

Procedural errors In Hawk Shipping Ltd v Cron Navigation Ltd [2003] EWHC 1828 (Comm) the award of an arbitrator was challenged for alleged serious irregularity which consisted of failure to correct an award and taking a stance on the facts which..

The costs sanction It was decided by the Court of Appeal in Dunnett v Railtrack plc [2002] 1 WLR 2434 that the successful party in litigation might nevertheless be deprived of its costs if the court is satisfied that the matter could have been..

Service of proceedings In three recent cases, Matchnet plc v William Blair & Co LLC [2002] EWHC 2128 (Ch), a decision of Ferris J, Lakah Group v Al Jazeera Satellite Channel, March 2003, unreported, a decision of Gray J, and Harrods Ltd v..

Time limits In Van Oord ACZ Ltd v The Port of Mostyn, June 2003, unreported, a judgment of Her Honour Judge Frances Kirkham in the Technology and Construction Court, the main issue was whether notice to commence an arbitration had been validly..