Arbitration Law Monthly

In WSB v FOL [2022] EWHC 586 (Comm) Calver J discussed the principles applicable where a judge by Order dismisses on paper an appeal against an arbitration award under sections 67, 68 and 69 of the Arbitration Act 1996. The case discusses in particular the possibilities for an appeal against the judge's Order. This is the first case to discuss the revised Commercial Court Guide which came into force in February 2022. As will be seen, there is an important distinction between, on the one hand, appeals under sections 67 (want of jurisdiction) and section 68 of the Arbitration Act 1996 (serious irregularity) and, on the other hand, appeals under section 69 (error of law).

Butcher J in RQP v ZYX [2022] EWHC 2949 (Comm) addressed a range of important questions on the interpretation of the Arbitration Act 1996. These included the distinction between an award and an interlocutory order, the circumstances in which a peremptory order may be made and enforced and the circumstances in which a set-off can be pleaded in arbitration.

In National Oilwell Varco Norway AS v Keppel FELS Ltd [2022] SGCA 24 the Singapore Court of Appeal has reversed the first instance decision of Vinodh Coomaraswamy J [2021] Lloyd's Rep Plus 111 and has ruled that an arbitration award made in favour of a company that had ceased to exist before the arbitration had commenced and whose rights had been transferred to another company not identified as a party was nevertheless enforceable by the transferee.

This article explores selected arbitration-related court decision highlights and legislative initiatives in 2022, which will likely have significant ramifications for the arbitration community.Written by Edward Liu, Maggie Lee, Manly Lam and Bridget Yim, Haiwen & Partners LLP