The extension of arbitration agreements to third parties is a complex but rigid area of English law. In light of the ever-growing prevalence of intricate multi-party and multi-jurisdiction disputes, courts and arbitral tribunals have found themselves balancing principles of privity of contract with public policy to determine when, why, and how arbitration agreements should be […]
Arbitration and Winding Up: Diverging Approaches
Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
Multi-Tiered Dispute Resolution Clauses
Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […]
Reform of the 1996 English Arbitration Act
On 6 September 2023, the Law Commission of England and Wales (the “Law Commission”) published its long-anticipated Final Report on the Reform of the 1996 English Arbitration Act (“Final Report”), along with a helpful summary of its Final Report. Procedural History In March 2021, the Law Commission was tasked by the Ministry of Justice to determine […]
How to Make a Valid Appointment Under an Arbitration Agreement
The appointment of an arbitrator is a critical step in any arbitration. The advantages of arbitration depend, to a large extent, on the persons appointed as arbitrators. In other words, while the same dispute may be resolved in a satisfactory and efficient way, it might turn into a lengthy and costly proceeding with a questionable […]