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04 July 2014
Issue: 7613 / Categories: Case law , Law digest , In Court
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Arbitration

A Ltd v B Ltd [2014] EWHC 1870 (Comm), [2014] All ER (D) 219 (Jun)

Section 70(2) of the Arbitration Act 1996 was primarily about the order in which a party could turn to an arbitral process and court proceedings. The essential policy was not to exclude the court process altogether, but to deal with the risk of concurrent proceedings in the court and the arbitral process. Section 70(2) barred a person’s access to the court only if and to the extent that he had himself limited access by vesting powers in an arbitral process whether by making an arbitration agreement or by participating in an arbitration. The natural implication of the Act was that s 70 of the Act governed all challenges under s 67 of the Act. The test whether an arbitral process was exhausted was flexible and fact-specific. 

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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