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13 April 2007 / Louis Flannery KC
Issue: 7268 / Categories: Features , Procedure & practice , Profession , Arbitration
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Arbitration rules

Louis Flannery reviews two important appellate decisions showing judicial support for arbitration

In Fiona Trust and Holding Corp v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan), the Court of Appeal looked at the concept of separability of arbitration clauses in contracts. It grappled with problems that arise where a party to a contract containing an arbitration clause allegedly tainted by illegality seeks to challenge the jurisdiction of the arbitrator to consider any claims under the contract.

In West Tankers Inc v AS Riunione Adriatica di Sicurta SpA, The Front Comor [2007] UKHL 4, [2007] All ER (D) 249 (Feb), the House of Lords referred to the European Court of Justice (ECJ) the question of whether or not anti-suit injunctions are still available to restrain court proceedings brought in breach of an arbitration clause following two recent ECJ decisions that might suggest otherwise.

Fiona Trust: the facts

The contracts in Fiona Trust and Holding Corpn v Privalov [2006] EWHC 2583 (Comm), [2007] 1 All ER (Comm) 81, were time

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MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
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