Arbitration Law Monthly

In Kershaw Mechanical Services Ltd v Kendrick Construction Ltd [2006] EWHC 727 (TCC) Jackson J has laid down important guidelines on a number of matters concerning the hearing of a substantive appeal for error of law under s69 of the Arbitration..

Arbitration clauses refer to disputes and differences. An unresolved question in English law is whether there can be a dispute if the respondent in the arbitration has admitted his liability for the sum claimed but has simply failed to pay it. In ..

The complex facts of Republic of Kazakhstan v Istil Group Inc [2006] EWHC 448 (Comm) raised a series of questions as to whether persons who had not at the outset been parties to a contract containing an arbitration clause were nevertheless bound by..

Leibinger and another v Stryker Trauma GmbH [2006] EWHC 690 (Comm), a decision of Cooke J, raised a number of issues affecting the procedures which govern an application under s67 of the Arbitration Act 1996, challenging the jurisdiction of an..

Guidance on the effect of the phrase ‘without prejudice save as to costs’ in a letter of compromise was given by HHJ Peter Coulson QC in Baris Ltd v Kajima Construction (Europe) Ltd [2006] EWCH 31 (TCC). The offer was made in respect of..

The New York Convention 1958 lays down the mechanism by which an arbitration award obtained in one contracting state may be enforced in all other contracting states. The general principle set out in the Convention is that the enforcing court is,..