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17 March 2017 / Khawar Qureshi KC
Issue: 7738 / Categories: Features , Arbitration , In Court
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Arbitration Act 1996: key cases in 2016

Khawar Qureshi QC reviews key High Court decisions

  • Mostly hopeless s 68 challenges dominate.
  • Arbitrator bias context defined further.
  • Emergency interim measures provided for by arbitral rules likely to preclude court relief.

In this past year, there were around 50 reported Arbitration Act 1996 (AA 1996) related court decisions. The most common provision invoked was in respect of failed challenges to arbitral awards pursuant to s 68 of AA 1996 on grounds of “serious irregularity”. In addition, the Supreme Court and Court of Appeal both considered (and dismissed) challenges pursuant to the less frequently invoked s 69 of AA 1996 (appeal on a point of law) in the shipping cases of Spar Shipping v Grand China Logistics [2016] EWCA Civ 982, [2016] All ER (D) 67 (Oct) and NYK Bulkship v Cargill [2016] UKSC 20, [2016] 4 All ER 298.

In the case of DB v DLJ [2016] EWHC 324 (Fam), [2016] 4 All ER 298 Mostyn J considered the additional limitations applicable to enforcement of an arbitral

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

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