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03 March 2023 / Khawar Qureshi KC
Issue: 8015 / Categories: Features , Arbitration , ADR , Procedure & practice
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Arbitration & court intervention

Khawar Qureshi KC outlines key Arbitration Act 1996 cases in 2022
  • Last year saw a number of decisions illustrating the limited circumstances in which the English courts will intervene in Arbitration Act 1996 cases.

In November 2022, the Court of Appeal dismissed an appeal from the decision of Mr Justice Jacobs who had held that an arbitrator had wrongly decided that he had jurisdiction (DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555, [2022] All ER (D) 77 (Nov)).

Charterers informed the owners of a vessel that it was not required, and a claim for approximately $US280,000 was brought by the owners alleging breach of a binding contract which contained a London arbitration clause. The charterparty contained a provision (known as a recap) which stated ‘subject/receivers approval’.

The Court of Appeal held that upon a proper construction, a binding contract would only come into existence where the ‘subjects’ (essentially conditions precedent) had been fulfilled, which had never happened. Accordingly, the separability principle (concerning whether an arbitration clause was itself valid and binding)

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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