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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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