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30 March 2007
Issue: 7266 / Categories: Case law , Law digest , In Court
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ARBITRATION

Stretford v Football Association [2007] EWCA Civ 238, [2007] All ER (D) 346 (Mar)

Having regard to the jurisprudence of the European Court of Human Rights, where parties have voluntarily entered into an arbitration agreement they are to be treated as waiving their rights under Art 6 of the European Convention on Human Rights (the Convention). To be effective, the arbitration agreement has also to be agreed without constraint and not run counter to any important public interest.

The principle underlying the doctrine of constraint is essentially the same as the principle that the waiver must be voluntary, in the sense that the arbitration agreement must not be compulsory as being required by law. #

In both cases the principle is that the waiver must be voluntary in the sense that the parties have voluntarily entered into the arbitration agreement. Thus, if there is duress, undue influence or mistake which invalidates the arbitration agreement there will be no waiver of relevant rights under Art 6.

Issue: 7266 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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