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12 August 2010
Issue: 7430 / Categories: Case law , Law digest , In Court
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Arbitration

Chalbury McCouat International Ltd v P.G. Foils Ltd [2010] EWHC 2050 (TCC), [2010] All ER (D) 34 (Aug)

When parties agreed to arbitrate, the court should strive to give effect to that intention and should seek to support the arbitral process. Where there was an arbitration clause, it was not any part of the court’s function to designate or determine the seat of arbitration.

That was a matter which, if disputed by the parties, would have to be determined by the arbitral tribunal once appointed. Although there was no statutory guidance as to the degree or type of connection required under s 2(4) of the Arbitration Act 1996, a party should not generally bring proceedings in relation to an arbitration except in the courts of the jurisdiction of the seat of arbitration. Further, there would be sufficient “connection” if the proper law of the contract was English law.

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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