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08 October 2009 / Khawar Qureshi KC
Issue: 7388 / Categories: Features , Procedure & practice , Arbitration
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Absolute power

Do English courts have too much power in arbitration proceedings? asks Khawar Qureshi QC

Since the Arbitration Act 1996 (AA 1996) came into force more than 10 years ago, the English courts are generally viewed by practitioners and users alike as having adopted a strong supportive, and non-interventionist approach to the arbitral process.

While there are some commentators who suggest that the English courts have been too concerned to protectively “ring-fence” the arbitral process (not least with regard to sparsity of appeals on points of law pursuant to AA 1996, s 69), a recent decision of the Court of Appeal in the case of Dallah Estate v The Ministry of Religious Affairs Government of Pakistan [2009] EWCA Civ 755, [2009] All ER (D) 199 (Jul) (Dallah) has provided an opportunity to consider whether other commentators are right to contend that the English courts still retain excessive power to intervene, and thus disrupt the arbitral process.

State-ment of intent

More than 140 states have signed up to and—in theory—are required to give effect to

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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