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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll