Arbitration Law Monthly

In Perkins Engines Co Ltd v Ghaddar and Another [2018] EWHC 1500 (Comm) Bryan J was required to construe a somewhat unusual clause under which the parties were to go arbitration in the absence of reciprocal enforcement arrangements between the UK and Lebanon in respect of judgments. The dispute concerned the meaning of the phrase “reciprocal enforcement procedures”.

Where there are concurrent judicial proceedings involving the same parties to an arbitration, it might be logical for the tribunal to either stay its proceedings or at least defer its award pending the outcome of those proceedings.

Navigator Spirit SA v Five Oceans Salvage SA (The Flag Mette) [2018] EWHC 1108 (Comm) was an appeal against a Lloyd’s Open Form appeal arbitration, alleging serious misconduct leading to an infringement of the rules of natural justice contrary to sections 33 and 68(2)(a) of the Arbitration Act 1996.