Page 76 - Arbitration Act News Today

Share This - x The Supreme Court reiterated that a High Court while exercising jurisdiction under Article 226 and 227 should be extremely circumspect in interfering with orders passed under the Arbitration and Conciliation Act. Such interference can be made only in cases of exceptional rarity or cases which are stated to be patently lacking in inherent jurisdiction, the bench comprising Justices RF Nariman and BR Gavai observed. In this case, an Arbitral Award was made in favour of the appella...

09/04/2021 This case shines a light on the inner workings of the Premier League and highlights the risk that a dispute can be made public against a partys wishes, notwithstanding the confidential context of an arbitration. Introduction Two advantages of arbitration are the ability for parties to have a say in the choice of the arbitrator(s) for the tribunal, and the confidential nature of the process. Both of these issues were tackled in the recently reported jud...

Share This - x The Supreme Court observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition filed under Section 11 of the Arbitration and Conciliation Act. Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties, the bench comprising J...

Introduction Until recently, virtual hearings were an unusual sight in Swedish arbitration. However, due to the ongoing COVID-19 pandemic, in a short time virtual hearings have become a common alternative to in-person hearings globally. To conduct a hearing online is not a problem under Swedish arbitration law, as long as both parties consent to it. On the other hand, it has been debated whether an arbitral tribunal can mandate that a hearing should be virtual instead of in person if one of the...

Synopsis Arbitration is business and contract agonistic and the benefits of having one in our contracts can be immense. iStock Arbitration clause is easy to follow and a fast track optional substitute to the court system. A business contract is the foundation of a commercial relationship and also sets the guiding principles for operations. Yet, commercial relationships often run into choppy waters. In recent times, Alternate Dispute Resolution (ADR) mechanisms have found favour in the commerci...

In November 2020 the Supreme Court issued a decision significantly affecting the review of arbitration clauses by the Czech courts. The court touched on situations when an arbitration clause leaves the appointment of arbitrators to an independent appointing authority (private arbitration centres).(1) Facts The case concerned an arbitration clause which stated that all disputes arising from the contract would be resolved by a single arbitrator appointed by the agent of a specified limited liabil...

24 Dr Maxi Scherer, Kay Weinberg, Francis Hornyold-Strickland, Memorandum to IBA Subcommittee on how the English Courts Address the Issue of ‘Arbitrability’ in the Context of The New York Convention, at 9; Pascal Hollander, IBA Subcommittee Report on the concept of ‘Arbitrability’ under the New York Convention , at 13. 26 35 U.S.C. § 294(c). Packeteer, Inc. v. Valencia Systems, Inc., 2007 WL 707501, 82 U.S.P.Q.2d 1216 (N.D. Cal. 2007) (‘Courts, however, have held that copyright issue...

The UK Supreme Courts much-anticipated judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) (Respondent) [2020] UKSC 48 (on appeal from [2018] EWCA Civ 817) opens with the recognition of an axiom which goes to the heart of justice: it is axiomatic that a judge or an arbitrator must be impartial; he or she must not be biased in favour of or against any party in a litigation or reference. After restating the law on the extent to ...

Appeals from arbitration awards are limited to legal points The Court held that an appeal from an Arbitration award was inadmissible at law because it dealt with the merits of the case and not on a point of law 7 March 2021, 7:17am by Malcolm Mifsud The Court held that an appeal from an Arbitration award was inadmissible at law because it dealt with the merits of the case and not on a point of law. This was held by the Court of Appeal in S&A Quality Assurance Surveyors Limited -v- Director of ...

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision.  The decision (available here) settles a difficult question of English arbitration law.  In summary the English Commercial Court held that: Non-compliance with a multi-tier dispute resolution provision is an issue of admissibility ( i.e. whether the claim is ripe to be heard) rather than juri...