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30 March 2007
Issue: 7266 / Categories: Case law , Law digest , In Court
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ARBITRATION

Stretford v Football Association [2007] EWCA Civ 238, [2007] All ER (D) 346 (Mar)

Having regard to the jurisprudence of the European Court of Human Rights, where parties have voluntarily entered into an arbitration agreement they are to be treated as waiving their rights under Art 6 of the European Convention on Human Rights (the Convention). To be effective, the arbitration agreement has also to be agreed without constraint and not run counter to any important public interest.

The principle underlying the doctrine of constraint is essentially the same as the principle that the waiver must be voluntary, in the sense that the arbitration agreement must not be compulsory as being required by law. #

In both cases the principle is that the waiver must be voluntary in the sense that the parties have voluntarily entered into the arbitration agreement. Thus, if there is duress, undue influence or mistake which invalidates the arbitration agreement there will be no waiver of relevant rights under Art 6.

Issue: 7266 / Categories: Case law , Law digest , In Court
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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
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
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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