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03 March 2023 / Khawar Qureshi KC
Issue: 8015 / Categories: Features , Arbitration , ADR , Procedure & practice
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Arbitration & court intervention

Khawar Qureshi KC outlines key Arbitration Act 1996 cases in 2022
  • Last year saw a number of decisions illustrating the limited circumstances in which the English courts will intervene in Arbitration Act 1996 cases.

In November 2022, the Court of Appeal dismissed an appeal from the decision of Mr Justice Jacobs who had held that an arbitrator had wrongly decided that he had jurisdiction (DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555, [2022] All ER (D) 77 (Nov)).

Charterers informed the owners of a vessel that it was not required, and a claim for approximately $US280,000 was brought by the owners alleging breach of a binding contract which contained a London arbitration clause. The charterparty contained a provision (known as a recap) which stated ‘subject/receivers approval’.

The Court of Appeal held that upon a proper construction, a binding contract would only come into existence where the ‘subjects’ (essentially conditions precedent) had been fulfilled, which had never happened. Accordingly, the separability principle (concerning

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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