The DAC Report, 19 para. 55. See, e.g.Hayter v Nelson[1990] 2 Lloyd’s Rep 265. The non-existence of a dispute was one of the conditions for granting a summary judgment. Thus prior to the passing of the 1996 Act it was possible to succeed in an action for a summary judgment des...
Recommendations for reform 1. Summary disposal of issues lacking merit The commission has recommended granting arbitrators the power, subject to the agreement of the parties, to dismiss issues summarily upon the application of either party. Such an award may only be made where the tribunal considers...
(AA 1996). That may include sections 67 to 69 of the AA 1996, which allow a challenge to be brought to an award based on, respectively, a lack of substantive jurisdiction, a serious procedural …Continue readingSection 57 of the Arbitration Act: an under-valued tool in the arbitration ...
The UK Government has asked the Law Commission to review the Arbitration Act 1996 (the ‘Act’) to make sure that England and Wales (and London as an arbitration seat) remain at the forefront of international arbitration. On 22 September, the Law Commission published aconsulta...
This paper considersthe present state of English arbitration lawconsidering the provisions ofthe 1996Act and substantive and/or noteworthy recommendations proposed to the legislation, alongside the relevant case-law, and considers the appropriateness and potential utility of th...
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Further provisions that enhance arbitrators’ immunity against liability for resignations are also included in the Act. Under the Act, arbitrators will obtain new powers to make awards on a summary basis on issues that have no real prospect of success. Under the new Act, the tribunal has the ...
The UK Law Commission has announced that it will carry out a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland. The Law Commission has stated that its aim is to ensure that the Arbitration Act remains clear, modern, and...
UK Arbitration Act, 1996, §§1(b), 33, 34 (“parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest”). 12. German ZPO, §1042(3). 13. Hong Kong Arbitration Ordinance, 2013, §47(1). ...
Section 29(1) of the Limitation Act (Cap 163, 1996 Rev Ed) does not in fact apply to article 34. The three-month time limit applies to section 24 of the IAA. The explanatory statement to the International Arbitration Bill (19 July 1994) suggests that section 24 of the IAA does not ...