Recent Developments in English Arbitration Law
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This talk covers the following topics:
Interim Relief in support of arbitrations under s.44 of the 1996 Act
The kinds of relief available under s.44:
- Is relief available under s.37 Senior Courts Act 1981 where it would not be available under s.44?
- Order for the purpose of preserving assets – what is an asset?
Multi-tiered dispute resolution clauses
Discussion of the issues arising out of the use of such clauses in light of the decision in Emirates Trading Agency LLC v. Prime Mineral Exports  EWHC 2104 (Comm) including:
- The enforceability of obligations to mediate or negotiate
- When such obligations are effective conditions precedent to arbitration
The Court’s jurisdiction over third parties to an arbitration agreement
- The traditional position
- The modern position
- Circumstances where that power might be invoked, such as by a sub-charterer seeking inspection of a vessel under s.44
The Commercial Court’s approach to applications for permission to appeal on a point of law (s.69) and to challenge on the grounds of serious irregularity (s.68)
- Is the Court more willing than previously to give permission to appeal?
- The importance of the formulation of the question of law
- The procedure for expedited determination of s.68 applications