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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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