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29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
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Conflict of laws

Joint Stock Company Aeroflot Russian Airlines v Berezovsky and others [2012] EWHC 1610 (Ch), [2012] All ER (D) 115 (Jun)

In determining whether to grant a stay pending arbitration, the court had to decide first whether there was an arbitration agreement, and whether the agreement covered the matters in issue in the litigation. If the court decided those questions in the affirmative, and there was no assertion that the agreement was “null and void, inoperative, or incapable of being performed”, a stay was mandatory. If any of those matters was asserted, however, the court would have to go on to decide them, and if satisfied as to any of them, would refuse the statutory stay. If an agreement was null and void, inoperative, or incapable of performance under its applicable law, that was a matter which was properly to be taken into account under s 9(4) of the Arbitration Act 1996. It was settled law that s 9(1) required a concluded arbitration agreement before the court could order a stay, and not merely an arguable case

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MOVERS & SHAKERS

Freeths—Heather Gibson

Freeths—Heather Gibson

Freeths strengthens national tax team with Heather Gibson appointment

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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