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04 July 2014
Issue: 7613 / Categories: Case law , Law digest , In Court
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Arbitration

A Ltd v B Ltd [2014] EWHC 1870 (Comm), [2014] All ER (D) 219 (Jun)

Section 70(2) of the Arbitration Act 1996 was primarily about the order in which a party could turn to an arbitral process and court proceedings. The essential policy was not to exclude the court process altogether, but to deal with the risk of concurrent proceedings in the court and the arbitral process. Section 70(2) barred a person’s access to the court only if and to the extent that he had himself limited access by vesting powers in an arbitral process whether by making an arbitration agreement or by participating in an arbitration. The natural implication of the Act was that s 70 of the Act governed all challenges under s 67 of the Act. The test whether an arbitral process was exhausted was flexible and fact-specific. 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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