header-logo header-logo

27 September 2013 / Rian Matthews , Tom Cameron
Issue: 7577 / Categories: Features , Commercial
printer mail-detail

Balancing Act(s)

istock_000016932494medium

Despite recent Supreme Court consideration, the relationship between the Arbitration Act & the Senior Courts Act remains unclear, say Rian Matthews & Tom Cameron

The Arbitration Act 1996 (AA 1996) is the primary source of English law on arbitration. A key principle underlying the Act is the goal of increasing the autonomy of the arbitral process and limiting court intervention (s 1(c)). To support arbitration, however, AA 1996 gives the English courts significant powers to grant interim orders to preserve assets and evidence (under s 44). Yet the exercise of these powers is subject to strict limitations, so that control of the arbitral process rests with the appointed tribunal.

But there is a tension between the limitations on the courts’ powers under s 44 of AA 1996 and the courts’ wide and general discretion under s 37 of the Senior Courts Act 1981 (SCA 1981) to grant injunctions or appoint a receiver where it is “just and convenient to do so”. In 2005, the Court of Appeal remarked that the relationship between the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll