header-logo header-logo

Conflict of laws

29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

Russell-Cooke—Susanna Heley

Russell-Cooke—Susanna Heley

Legal director appointment bolsters public and regulatory team

Slater Heelis—five appointments

Slater Heelis—five appointments

Firm appoints training partner and four new trainees

Bolt Burdon Kemp—Natasha Orr

Bolt Burdon Kemp—Natasha Orr

Firm strengthens military claims team with senior associate hire

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
back-to-top-scroll