header-logo header-logo

ARBITRATION

30 March 2007
Issue: 7266 / Categories: Case law , Law digest , In Court
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll