Arbitration Law Monthly

Arbitrators are entitled to rule only on the issues put to them. If the arbitrators chose to deal with matters which have not been fully argued then they are on the face of things in breach of their duty to afford the parties a full and fair..

The meaning of the term ‘dispute’ for the purposes of an arbitration clause has been the subject of a number of recent decisions. Perhaps the most important is that of the Court of Appeal in AMEC Civil Engineering Ltd v Secretary of..

It is commonly the case that one party denies that he has entered into any agreement with the other. Such an allegation has the effect of denying the jurisdiction of the arbitrators under any arbitration clause in the agreement as well as denying..

Section 9 of the Arbitration Act 1996 requires a court to stay its proceedings if they have been brought in contravention of an arbitration agreement. A dispute between the parties as to whether or not an arbitration agreement exists will generally..

Under s108 of the Housing Grants, Construction and Regeneration Act 1996 a dispute arising out of a construction contract may be referred to adjudication. The adjudicator is then required to give a ruling on the issue before him, and that decision..

Section 2(1) of the Arbitration Act 1979 introduced into English law – as a counterbalance to the repeal by that Act of the long-established right of the arbitrators to refer a case to the court on a case-stated basis – a procedure..