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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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Birketts—Nathan Evans

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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