Practical Law

The principle of party autonomy is expressed and enshrined in section 34(1) of the English Arbitration Act 1996: the right of the parties to ultimately decide on all procedural and evidential matters. It allows parties to an arbitration agreement the freedom to choose how their arbitration is conducted as well as how their arbitral panel … Continue reading Article 12(9) of new ICC Rules: is party autonomy really being eroded? →

Mention section 70 of the Arbitration Act 1996 (AA 1996) to most arbitration practitioners and it is likely that they will immediately think of the sections 70(2) and (3). They require:

Roy Cohn, the well-known US lawyer, said, “I don’t want to know what the law is, I want to know who the judge is”. One of the advantages of arbitration over court litigation is that the parties know from the outset the arbitrator(s) who will be making the decisions in their case. As international arbitration … Continue reading Who is my arbitrator? The need for greater transparency in arbitration →

On 20 February 2018, about 80 participants attended Quadrant Chambers’ biannual international arbitration seminar. The topic for discussion and debate was “Jurisdiction Issues in Arbitration”. The panel event was chaired by Simon Rainey QC of Quadrant Chambers and the speakers were Louis Flannery (now QC), Head of International Arbitration at Stephenson Harwood, Philippa Charles, Head … Continue reading Jurisdiction issues in arbitration →