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27 April 2007 / Khawar Qureshi KC
Issue: 7270 / Categories: Features , Procedure & practice , Arbitration
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Growing up fast

In the first of two articles marking 10 years of the Arbitration Act 1996, Khawar Qureshi QC discusses some key cases

A case search will show that there are almost 400 publicly available decisions to consider which involve the Arbitration Act 1996 (AA 1996). There are in fact likely to be more court decisions, as some will be clothed with confidentiality where the parties have agreed for this and there is no overriding public interest to the contrary.

However, before jumping to the tempting conclusion that this indicates excessive scope for intervention by the English courts, one must bear in mind that not all these decisions will have involved challenges to the arbitral process. Some will have sought anti-suit injunctions to uphold a choice of arbitration or assistance for the arbitral process by some other means from the court.

Indeed, the clear message from all the key cases, most of which have been decided in the past couple of years, is that the choice of arbitration is being strongly supported by the

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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