Practical Law

In the recent case of Vale SA and others v Steinmetz and others, the Court of Appeal was asked to determine whether an arbitration award issued in respect of an arbitration between Vale SA (Vale) and BSG Resources Ltd (BSGR) was binding on Vale in respect of Commercial Court proceedings brought by it against Nysco (owners … Continue reading Irrelevance of arbitration awards on related legal proceedings: Vale SA v Steinmetz →

There are various means open to a party to an arbitration to seek correction of a mistake by an arbitral tribunal depending on the nature of the mistake.  For example, section 57 of the English Arbitration Act 1996 (AA 1996) empowers the tribunal of its own initiative or upon the application of a party to: Correct … Continue reading What happens when an arbitral tribunal makes a mistake? Doglemor Trade Ltd v Caledor Consulting Ltd →

The judgment of Sir Michael Burton in P v D provides a salutary warning to those appearing as advocates in London seated arbitrations of the dangers of failing to cross-examine key witnesses on essential issues. In addition, it provides a salutary warning to arbitrators of the dangers of failing to ensure that “proper” cross-examination is conducted … Continue reading P v D and the dangers of failing to cross-examine witnesses →

It is a not uncommon feature of arbitration that an arbitral tribunal will from time to time take “judicial notice” of notorious facts without requiring the parties to adduce specific evidence to prove those facts. Furthermore, arbitrators are almost always appointed because of their particular expertise or experience of particular types of disputes.

Sections 31 and 73 of the Arbitration Act 1996 (AA 1996) prescribe the circumstances in which a party may lose the right to object to the tribunal’s jurisdiction. These provisions are mandatory.