Practical Law

Last week, the Law Commission published its first consultation paper as part of its review of the Arbitration Act 1996 (the “Act”). The stated aim of the review has been to ensure that the Act remains “best in class”: an approach based upon fine-tuning, rather than root and branch reform. This is borne out by … Continue reading Refinement rather than reform: The Law Commission’s consultation paper on the English Arbitration Act →

All English arbitration lawyers are familiar with the long-standing principle of the separability of an arbitration agreement as enshrined in section 7 of the English Arbitration Act 1996 (AA 1996).  That section provides: “Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or … Continue reading DHL Project and Chartering v Gemini Ocean Shipping: a case “separable” from the rest? →

It is a long established principle of English common law that arbitrations are private and confidential. This means that arbitration hearings are not open to third parties, and both the parties and the tribunal have an implied duty to maintain the confidentiality of the hearing and documents generated in the arbitration, including the award. Many … Continue reading Privacy and confidentiality of arbitration-related court proceedings: a culture clash →