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Arbitration Law Monthly RSS feed

Removal of arbitrator: apparent bias

Online Published Date : 18 August 2021 | Appeared in issue: Vol 21 No 7 - 18 August 2021

Newcastle United Football Co Ltd v Football Association Premier League Ltd and Others [2021] EWHC 349 (Comm) is the first case to apply the guidance on arbitral bias given by the Supreme Court in Halliburton Co v Chubb Bermuda Insurance Ltd [2021] Lloyd’s Rep IR 1. As in Halliburton, the issue was whether there had been a failure by the arbitrator to disclose relevant information on appointment. In subsequent proceedings, Newcastle United Football Co Ltd v Football Association Premier League Ltd [2021] EWHC 450 (Comm), HHJ Pelling QC held that there was no privacy reason to refuse the release of the judgment.

Enforcement of foreign awards: procedural irregularities

Online Published Date : 18 August 2021 | Appeared in issue: Vol 21 No 7 - 18 August 2021

The decision of the New South Wales Supreme Court in Energy City Qatar Holding Co v Hub Street Equipment Pty Ltd (No 2) [2020] FCA 1116 concerned the enforcement of a New York Convention award under NSW legislation equivalent to section 103 of the Arbitration Act 1996. The main point of the case is that even if a ground for refusal of enforcement can be made out, the court retains a discretion to enforce the award if it is satisfied that there was no prejudice to the award debtor.

Confidentiality: publication of arbitration judgments

Online Published Date : 18 August 2021 | Appeared in issue: Vol 21 No 7 - 18 August 2021

In Manchester City Football Club Ltd v Football Association Premier League Ltd and Others [2021] EWCA Civ 1110 the Court of Appeal has confirmed the importance of open justice and of publishing judicial decisions on matters arising in an arbitration unless there was a risk that confidential information would be disclosed to the prejudice of one or both of the parties.

Family law arbitrations: the test for appeal

Online Published Date : 18 August 2021 | Appeared in issue: Vol 21 No 7 - 18 August 2021

Family law arbitrations are increasingly common although there is very little authority on them. In Haley v Haley [2020] EWCA Civ 1369 the Court of Appeal has reviewed the authorities on the test for an appeal against an arbitral award on a matter governed by the Matrimonial Causes Act 1973 and has concluded that the usual appeal criteria in the Arbitration Act 1996 are too strict.

Stay of judicial proceedings: existence of arbitration agreement

Online Published Date : 18 August 2021 | Appeared in issue: Vol 21 No 7 - 18 August 2021

In IS Prime Ltd v TF Global Markets (UK) Ltd [2020] EWHC 3375 (Comm) the parties had a tiered dispute resolution provision which included non-binding “arbitration”. The issue before Andrew Baker J was whether such a process was “arbitration” within the Arbitration Act 1996 so as to require a stay of English proceedings brought before the process had been exhausted. If not, the further question was whether the proceedings should be stayed under the general powers of the court.