header-logo header-logo

29 January 2021 / Khawar Qureshi KC
Issue: 7918 / Categories: Features , In court , ADR , Arbitration
printer mail-detail

Arbitration Act 1996: a fine balance

37605
Khawar Qureshi QC analyses the key cases from 2020 in relation to the Arbitration Act 1996
  • Stay applications and anti-suit injunctions.
  • Measures available in support of arbitration.
  • Challenge of awards for serious irregularity.
  • Provisions relating to recognition and enforcement of arbitral awards.
  • Arbitrator bias.

Last year there were 93 reported cases referring to provisions of the Arbitration Act 1996 (AA 1996). The provisions most frequently invoked concerned stay applications and anti-suit injunctions (s 9), measures available in support of arbitration (s 44), challenge of awards for serious irregularity (s 68), as well as provisions relating to recognition and enforcement of arbitral awards (s 101-103). A highly significant decision was rendered by the Supreme Court in November 2020 concerning arbitrator bias (s 24) which has provoked international debate. The key cases are referred to below.

Section 9

In the case of The Republic of Mozambique v Credit Suisse and others [2020] EWHC 2012 (Comm) (30 July 2020) Mr Justice Waksman provided a very helpful

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
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
back-to-top-scroll