In Support of Maritime Arbitration: The English Courts Role in Enforcing Peremptory Orders and Awards hellenicshippingnews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from hellenicshippingnews.com Daily Mail and Mail on Sunday newspapers.
On 6 September 2023, the Law Commission of England & Wales published its final report on potential reforms to the English Arbitration Act 1996 (the “Act”). The report recommends making.
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India is one of the few jurisdictions to statutorily define public policy through the Arbitration and Conciliation Amendment Act, 2015. Within the definition of public policy, India has statutorily included the grounds of fraud, corruption, fundamental policy of Indian law and basic notions of justice and morality.
The Fundamental Problem
International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step but nonetheless commenced arbitral proceedings? Typically, the parties have a satellite dispute: on one side, whether the commencement of the arbitration is void thus depriving the arbitral tribunal of all jurisdiction due to the non-compliance and on the other side, whether such non-compliance is an issue of admissibility that falls within the arbitral tribunal’s remit to address by way of procedural modification (for example, by ordering a stay of proceedings pending completion of a negotiation period).