Page 74 - Arbitration Act News Today

Introduction With reports of 3,010 arbitrator appointments, 2020 recorded the highest number of London Maritime Arbitrators Association (LMAA) arbitrator appointments since 2015 thus confirming that the LMAA remains a popular… Man standing in front of containers Introduction With reports of 3,010 arbitrator appointments, 2020 recorded the highest number of London Maritime Arbitrators Association (LMAA) arbitrator appointments since 2015 thus confirming that the LMAA remains a popular forum fo...

The recent case of CVLC Three Carrier Corp & Anor v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm) is a rare example of a successful challenge under section 69 of the Arbitration Act 1996 (Act).  Section 69 allows parties to an arbitration seated in England and Wales to appeal to the English courts on a question of law arising out of an arbitral award.  The right to appeal under this provision can be waived by the parties and is implicitly excluded by certain institutional ...

Tuesday, May 4, 2021 Introduction With a sharp rise in the number of Covid-19 cases and related causalities across the country, the second wave has led the country into an unprecedented crisis. When Covid-19 first hit the planet last year, the Supreme Court took cognizance of the situation and accordingly on March 23, 2020, passed an order extending the limitation period for petitions, applications, suits, appeals and all other proceedings under the general or special law, both under...

COVID Closures: University Dodges Claims Over Move to Online Instruction An Illinois federal judge tossed  a proposed class action filed by a Lewis University student seeking tuition refunds in the wake of COVID-19-related campus closures this month, saying she hadnt alleged the university made a promise to provide in-person classes. The gravamen of the plaintiffs lawsuit was that Lewis, which delivered only on-line instruction through the remainder of the 2020 school year in light of COVID-1...

Tuesday, May 4, 2021 Two Indian parties are entitled to elect a seat of arbitration outside India; The expression “International Commercial Arbitration” in Part I of the Arbitration Act is party-centric, whereas, when used in the context of Part II signifies a place-centric approach; Resultantly, a foreign seated arbitration between two Indian parties would qualify as “International Commercial Arbitration” under Part II of the Arbitration Act, and enforcement of a foreign awar...

Family Arbitration: the outlook after Haley Date:29 APR 2021 The recent decision of the Court of Appeal in  Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is ‘wrong’. This a...

Privy Council rules on ‘serious irregularity’ challenge in international arbitration Out-Law News | 29 Apr 2021 | 9:24 am | 4 min. read A recent decision by the Judicial Committee of the Privy Council (Privy Council) provides authoritative guidance on what is required in order to uphold a challenge to an arbitral award on the grounds of serious irregularity. In their judgment, Lord Hamblen and Lord Burrows held that a serious irregularity challenge does not require a separate and ...

National April 25, 2021 ISLAMABAD: The country must grow at a rate of 7-9pc per annum for a sustained period of three decades to absorb the youth bulge into gainful employment, and to sustain a high level of debt, the Planning Commission’s think tank, Pakistan Institute of Development Economics (PIDE) estimates suggested. A detailed report of 97 pages titled “Reform Agenda for Accelerated and Sustained Growth” prepared by PIDE Reform Agenda Commission comprising renowned economists and t...

To embed, copy and paste the code into your website or blog: Insolvency proceedings can create potential roadblocks for arbitration proceedings that require careful navigation. Arbitration proceedings are private contractual proceedings intended to resolve individual claims. In contrast, insolvency proceedings are public proceedings intended to resolve claims collectively. Yet, an arbitration within an insolvency proceeding can be useful for resolving individual claims that may help resolve the...

In its decision in Sierra Leone v SL Mining Ltd,(1) the High Court confirmed that alleged non-compliance with the provisions of a multi-tiered dispute resolution clause (in particular, the submission of claims to arbitration prior to the end of a prescribed period of negotiation) is exclusively a matter of admissibility for the arbitral tribunal and cannot lead to a successful jurisdictional challenge under Section 67 of the Arbitration Act 1996. This decision confirms the scope of a London-se...