header-logo header-logo

27 April 2007 / Khawar Qureshi KC
Issue: 7270 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

Growing up fast

In the first of two articles marking 10 years of the Arbitration Act 1996, Khawar Qureshi QC discusses some key cases

A case search will show that there are almost 400 publicly available decisions to consider which involve the Arbitration Act 1996 (AA 1996). There are in fact likely to be more court decisions, as some will be clothed with confidentiality where the parties have agreed for this and there is no overriding public interest to the contrary.

However, before jumping to the tempting conclusion that this indicates excessive scope for intervention by the English courts, one must bear in mind that not all these decisions will have involved challenges to the arbitral process. Some will have sought anti-suit injunctions to uphold a choice of arbitration or assistance for the arbitral process by some other means from the court.

Indeed, the clear message from all the key cases, most of which have been decided in the past couple of years, is that the choice of arbitration is being strongly supported by the English courts.

This article will focus upon four themes concerning

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
"There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
back-to-top-scroll