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02 December 2010
Issue: 7444 / Categories: Case law , Law digest
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Arbitration

Stellar Shipping Co LLC v Hudson Shipping Lines [2010] EWHC 2985 (Comm), [2010] All ER (D) 236 (Nov)

It was established law that the construction of an arbitration clause should start from the assumption that the parties, as rational businessmen, were likely to have intended any dispute arising out the relationship into which they had entered or purported to enter to be decided by the same tribunal.

The clause was to be construed in accordance with that presumption unless the language made it clear that certain questions were intended to be excluded from the arbitrator’s jurisdiction.
 

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

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Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

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As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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