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17 January 2014
Issue: 7590 / Categories: Case law , Law digest , In Court
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Arbitration

Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi AS v VSC Steel Company Ltd [2013] EWHC 4071 (Comm), [2014] All ER (D) 01 (Jan)

It was settled law that the principle of openness and fair dealing between the parties to an arbitration demanded not merely that, if jurisdiction was to be challenged under s 67 of the Arbitration Act 1996, the issue as to jurisdiction had to normally have been raised, at least on some grounds, before the arbitrator but that each ground of challenge to his jurisdiction had to previously have been raised before the arbitrator if it was to be raised in an application under s 67 of the 1996 Act challenging the award. It was clear from authority that the term “any objection” in s 73(1) of the 1996 Act was intended to mean “any ground of objection”. 

Moreover, the fact that parties contemplated that there would be a signed contract did not necessarily mean that there could be no binding agreement until the contract was signed. Each case depended on its facts.

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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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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
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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