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29 January 2021 / Khawar Qureshi KC
Issue: 7918 / Categories: Features , In court , ADR , Arbitration
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Arbitration Act 1996: a fine balance

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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