header-logo header-logo

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

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

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll