Arbitration Law Monthly

The decision of Bryan J in GPF GP Sarl v The Republic of Poland [2018] EWHC 409 (Comm) was a challenge under section 67 of the Arbitration Act 1996 to a ruling of an arbitral tribunal to the effect that there was no jurisdiction under a bilateral investment treaty to determine claims based upon various acts of the defendant which had the effect of reducing the value of land controlled by the claimant in Warsaw.

Part 72 of the Civil Procedure Rules sets out the requirements for a Third Party Debt Order. This type of order, previously known as a garnishee order, empowers a judgment creditor to enforce the judgment against a judgment debtor with limited or no assets in England by intercepting a debt owed to the judgment debtor by a third party.

In Broken Hill City Council v Unique Urban Built Pty Ltd [2018] NSWSC 825 Hammerschlag J was faced with an application to stay judicial proceedings in favour of arbitration under the rules of a nominated arbitration association that did not in fact exist. The question was whether the arbitration clause was “inoperative” in such circumstances.