Arbitration Law Monthly

Waiver and substantial injustice In Mohsin v Commonwealth Secretariat [2002] EWHC 377 (Comm), a decision of David Steel J, the claimant alleged that the arbitral tribunal had without her knowledge been incorrectly constituted. The case considers..

The availability of declaratory relief The Arbitration Act 1996 contains detailed and complex provisions whereby the jurisdiction of the arbitrators can be determined initially by the arbitrators themselves subject to the right of an objecting party..

Binding effect of settlements following mediation Haines v Carter, 2002, unreported, a decision of the Privy Council on appeal from New Zealand, concerned the proper interpretation of a mediation clause and the circumstances in which the mediators..

It is common for parties in dispute to enter into a ‘standstill’ agreement suspending time limits for the commencement of arbitration so that informal attempts to settle can be reached. Similarly, during the arbitration itself the..

Section 68(2)(g) of the Arbitration Act 1996 permits a court to overturn an arbitration award in the event of serious irregularity which has caused substantial injustice and which has resulted in an award procured by fraud or contrary to public..

Staying enforcement Once an award arising out of an arbitration with its seat in England has been made, the award becomes enforceable in other jurisdictions by virtue of the New York Convention 1958. Of the grounds upon which enforcement of New York..

Bias A series of cases decided by the English courts in the last few months have set out the guidelines which are to be applied in determining whether an arbitrator should be removed for lack of impartiality under s24 of the Arbitration Act 1996..