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England and Wales

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In England and Wales

Baker McKenzie International Arbitration Yearbook 2020-2021 – United Kingdom

by , and 24 Mins Read

UNITED KINGDOM Judith Mulholland, Anna Storer and Joanna Lees A. LEGISLATION AND RULES A.1       Legislation International arbitration in England and Wales[1] continues to be governed by the Arbitration Act 1996 (“Arbitration Act”). There have been no amendments to the Arbitration Act since those amendments made to reflect the consequential references to the Consumer Rights Act 2015. Discussions around potential reform of the Arbitration Act continue, however to date no suggested amendments to the Arbitration Act…

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In England and Wales

English Commercial Court sets aside final award on jurisdiction for tribunal’s failure to identify the “real” party to arbitration agreement – beware of the agency principles!

by 9 Mins Read

Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) [2020] EWHC 1371 (Comm), set aside a final award on jurisdiction (pursuant to section 67 of the English Arbitration Act 1996), holding that the tribunal had erred in ruling that a party to the arbitration agreement had the requisite authority to enter into the said agreement as agent for another. Challenges against…

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In Applicable Law

English Court of Appeal provides much needed clarity on the proper law of an arbitration agreement – victory for the curial law

by 10 Mins Read

Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two candidates of usual choice are (i) the law applicable to the underlying agreement containing the arbitration agreement and (ii) the seat (legal place) of the arbitration (i.e., curial law), which is often stipulated in the arbitration agreement. The position under English law was not entirely clear, giving rise to confusion and…

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In Arbitration Procedure

Brought to the party: the English Court’s jurisdiction over non-party witnesses in arbitral proceedings

by 9 Mins Read

The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party witnesses in arbitration proceedings under s. 44(2)(a) of the Arbitration Act 1996. However, the Court’s jurisdiction against third parties in respect of other powers under s. 44 remains an open question for future judicial development. Introduction England and Wales has long been known as an arbitration-friendly jurisdiction. That reputation is in part founded upon the tools available…

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