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Recent Developments in English Arbitration Law

This talk covers the following topics:

Interim Relief in support of arbitrations under s.44 of the 1996 Act

The kinds of relief available under s.44:

  • Is relief available under s.37 Senior Courts Act 1981 where it would not be available under s.44?
  • Order for the purpose of preserving assets – what is an asset?

Multi-tiered dispute resolution clauses

Discussion of the issues arising out of the use of such clauses in light of the decision in Emirates Trading Agency LLC v. Prime Mineral Exports [2014] EWHC 2104 (Comm) including:

  • The enforceability of obligations to mediate or negotiate
  • When such obligations are effective conditions precedent to arbitration

The Court’s jurisdiction over third parties to an arbitration agreement

  • The traditional position
  • The modern position
  • Circumstances where that power might be invoked, such as by a sub-charterer seeking inspection of a vessel under s.44

The Commercial Court’s approach to applications for permission to appeal on a point of law (s.69) and to challenge on the grounds of serious irregularity (s.68)

  • Is the Court more willing than previously to give permission to appeal?
  • The importance of the formulation of the question of law
  • The procedure for expedited determination of s.68 applications