header-logo header-logo

Growing up fast

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll