Arbitration Law Monthly

Recent English cases have cast doubt on the jurisdiction of the English courts to grant an anti-arbitration agreement where the arbitration has its seat in England. However, the English courts have asserted the right to grant an anti-arbitration..

The principle that an arbitration award binds only the parties to the award and cannot affect the rights of any third party extends also to a guarantor. Sabah Shipyard (Pakistan) Ltd v Government of Pakistan [2007] EWHC 2602 (Comm) is recent..

In A v B (No 2) [2007] 1 Lloyd’s Rep 358, Mr Justice Colman held that a person who brought proceedings in a forum other than that agreed by the parties was liable to pay damages to the other representing the costs incurred by that other in..

An issue which appears to be arising with increasing frequency in both arbitrations and adjudications is whether there is actually a dispute between the parties. The point goes to jurisdiction, because if at the time of the appointment of the..

Holloway and Holloway v Chancery Mead Ltd [2007] EWHC 2495 (TCC), a decision of Mr Justice Ramsey, raised complex questions of how a court is to respond when one party asserts a right to go to arbitration and the other pleads the existence of a..

There is no mechanism under the Arbitration Act 1996 whereby a party dissatisfied with a factual finding may appeal against that finding. For there to be an appeal on substantive grounds, the error must be one of law and permission to appeal must be..