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07 July 2011
Issue: 7473 / Categories: Case law , Law digest , In Court
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Arbitration

Sovarex SA v Romero Alvarez SA [2011] EWHC 1661 (Comm), [2011] All ER (D) 225 (Jun)

Case law drew a distinction between protesting that an arbitration tribunal had no jurisdiction, asserting that the issue should be decided by some other court or tribunal, and asking the tribunal to consider the issue of jurisdiction. In the latter case, the party was likely to be held to have invoked the jurisdiction of the tribunal. Moreover, the court had the power to direct that there be a determination of disputed issues of fact under s 66 of the Arbitration Act 1996 and there was no necessity for that to be done by way of action on the award.

In cases of complexity it would still be appropriate for the proceedings to continue as if it were an action, however, in relatively straightforward cases of fact such as were commonly determined on an application under s 67 of the Act. It was appropriate for the issues to be dealt with under s 66 and for appropriate directions to be given under CPR

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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