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04 December 2008 / Steven Friel , Mercedes Castillo
Issue: 7348 / Categories: Features , Procedure & practice , Arbitration
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The autonomy of arbitration

Steven Friel & Mercedes Castillo applaud the English courts’ continuing support for the arbitral process

The ease of enforcement of arbitral awards, particularly in the international context, is one of the advantages of arbitration over court litigation. The International Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly known as the New York Convention) obliges contracting states (which include most jurisdictions around the world) to recognise foreign arbitral awards as binding and to enforce them in accordance with their rules of procedure.

The New York Convention, which this year celebrates its 50th birthday, is considered to be a great success and one of the main reasons behind the success of international arbitration. That a successful party can easily enforce an arbitral award in most jurisdictions around the world, often much easier than enforcing a court judgment, is a great support for the efficiency of the arbitral process.

Also seen as a great success, the Arbitration Act 1996 (AA 1996) sets out the rules and procedures to be followed

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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