How pro-arbitration are the courts of England and Wales? How pro-arbitration should they be? A recent decision of the Court of Appeal indicates that the answer to both questions is “very much”. The decision, and the proceedings which led to them, illustrate just how far the system encourages arbitration now.
A while ago, I wrote a summary of the decision in Cofely Limited v Bingham and another. That decision concerned the costs position following the removal of an arbitrator under section 24 of the Arbitration Act 1996 (AA 1996) and, in particular, the following question: is the arbitrator potentially liable for the costs of the application to … Continue reading Arbitrator’s liability for costs: C Ltd v (1) D (2) X
In General Dynamics United Kingdom Ltd v The State of Libya, the English Court of Appeal, comprised of Etherton MR and Longmore and Flaux LJJ recently gave judgment reversing, in part, a decision of Males LJ in the English Commercial Court. Males LJ had held that service of an order permitting the claimant to enforce … Continue reading Foreign Office travel advisory update: in exceptional circumstances, service of an enforcement order on a sovereign state need not be effected through the FCO
A recent decision of Males LJ in the English Commercial Court, General Dynamics United Kingdom Ltd v Libya, held that service of an order permitting the claimant to enforce an arbitral award against a sovereign state must be effected through the Foreign and Commonwealth Office (FCO). This blog concentrates on the practical implications for clients and … Continue reading Foreign Office travel advisory: service of an enforcement order on a sovereign state must be effected through the FCO
If you are thinking of buying a new pet, “cats or dogs?” may be a reasonable question to ask. But what if the answer is “cats in town, dogs in the countryside”? Is that a non-answer? Or does it express what you most needed to know? If that is a good answer for yourself when … Continue reading When pets attack: of puppies, kittens and being careful what you ask for
Few practitioners in the arbitration field will not have heard of the judgment in Cofely Limited v Bingham and another. As noted in a number of places, Hamblen J (as he then was) in the Commercial Court gave a judgment in favour of removal of the defendant as arbitrator under section 24(1)(a) of the Arbitration … Continue reading When the kings depart: costs and the removal of an arbitrator