Arbitration Act 1996

Arbitration Act 1996, English Arbitration Act, English courts, English Law, Governing Law, Uncategorized

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The English Arbitration Bill, introduced to UK Parliament in November 2023, aimed to ensure that the Arbitration Act 1996 remained fit for purpose and maintained England’s status as a leading destination for commercial arbitration. However, the bill was lost when the 2024 UK general election was called. In July 2024 the new government reintroduced the…

Arbitration Act, Arbitration Act 1996, Confidentiality, Confidentiality and Transparency, English courts, English Law

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The confidentiality of arbitrations seated in England is long-established in English law. In the absence of an express agreement to dispense with confidentiality, English law recognises an implied obligation on parties and arbitrators to maintain the confidentiality of the hearing, the award and other materials produced in the proceedings (Dolling-Baker v Merrett [1990] 1 WLR…

Arbitration Act 1996, English courts, Foreign Parties

(Fietta LLP) and (No5 Barristers Chambers)/ /Leave a comment

When a party is not content with an arbitration award, a challenge in the domestic courts often ensues. The High Court of England and Wales (the ‘High Court’) often deals with this issue in challenges based on ‘serious irregularity’ in arbitration proceedings. How domestic courts approach challenges to arbitration awards is of increasing importance as…

Apparent bias, Arbitration, Arbitration Act 1996, Arbitrator Bias, Arbitrator Challenges, Arbitrators, England, English courts, English Law, International arbitration, UK

(Peter Ashford Ltd)/ /1 Comment

In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382, the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”).  This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise…

Arbitration Act 1996, Arbitration Agreement, CISG, UK

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Can the United Nations Convention on Contracts for the International Sale of Goods (CISG) be applicable to arbitration agreements? The literature has been divided on this matter, with several discernible approaches. This post explores the topic of applicability of the CISG to arbitration agreements from the perspective of the now (in)famous Enka v. Chubb case,…

Arbitration Act 1996, Assignment, English Law

, (Gaillard Banifatemi Shelbaya Disputes)/ /Leave a comment

Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. These issues are often less simple than they would first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. On 12 January 2024, the English Court…

Arbitration Act 1996, England, English Arbitration Act, English Law, Uncategorized

, (King & Spalding)/ /Leave a comment

In Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm), the High Court considered the interplay between sections 32 and 72 of the Arbitration Act 1996 (the Act) and provided a rare indication of how the courts will consider section 32 applications, identifying when section 32 will…

Arbitration Act 1996, Enforcement, India, UNCITRAL Model Law

and , (Trilegal)/ /2 Comments

The Arbitration and Conciliation (Amendment Act), 2021 (“2021 Amendment”) is the most recent intervention in, what appears to be, the Indian Parliament’s endless attempts to tinker with the scheme and intent of the Arbitration and Conciliation Act, 1996 (“1996 Act”). The 2021 Amendment, which was passed into law on 10 March 2021 follows the Arbitration…

Arbitration Act 1996, Arbitration Agreement, Arbitration clause, England, English Arbitration Act, English courts, English Law, Helice Leasing, LCIA Rules

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

In a recent High Court case, it was held that a reference in a contract to the “court” did not mean a court at all but meant instead – perhaps alarmingly – arbitration. This decision in Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm) may be a cause of concern…

Arbitration Act, Arbitration Act 1996, Foreign seat, India

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On 3 November 2020, the Gujarat High Court rendered a decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited where it held that while two Indian parties can choose a foreign seat of arbitration, they would not be entitled to seek interim measures from Indian courts under section 9 of…

Amendment, Arbitration Act, Arbitration Act 1996, Enforcement, India

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In a bid to make its legal regime international arbitration-friendly, India has repeatedly amended its principal legislation, i.e. the Arbitration and Conciliation Act, 1996 (the ‘Act’), over the last five years. The most recent one, the Arbitration and Conciliation (Amendment) Ordinance, 2020 (the ‘2020 Amendment’), came into force on 4 November 2020 seeking “to address…

Arbitration Act 1996, English courts, ICC Rules, International arbitration, LCIA Arbitration, LCIA Rules, Section 68 challenge

(Squire Patton Boggs)/ /Leave a comment

The judgment issued by the High Court of England and Wales in Xstrata Coal Queensland P Ltd & Anor v Benxi Iron & Steel (Group) International Economic & Trading Co (Xstrata) is a rare example of a successful challenge brought under section 68 of the Arbitration Act 1996 (“the Act”). It serves as a reminder…

Approbation and Reprobation, Arbitration Act 1996, England

(Enyo Law LLP)/ /1 Comment

The proverb “You can’t have your cake and eat it too” makes more sense to some people in the reverse, and it was in fact first formulated in that way in English in the 16th Century. Its point, as we are all aware, is that sometimes we have to make a choice between two options…

Arbitration Act 1996, English Arbitration Act, English courts, Foreign Dispute, UK, Witness Statement

, (Squire Patton Boggs)/ /Leave a comment

In A and B v C, D and E [2020] EWCA Civ 409, the English Court of Appeal issued on 19 March 2020 an order compelling a non-party to arbitration proceedings seated in New York to give evidence in support of the arbitration.   The Arbitration The dispute arose under two settlement agreements between A…