England and Wales Court Judgments on Arbitration.

Format:

Book

Author/Creator:

Duggal, Kabir.

Contributor:

Gambarini, Camilla

J Lee, Amanda

Malik, Mahnaz

Series:

International Litigation in Practice Series

International Litigation in Practice Series ; v.15

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration and award.

Physical Description:

1 online resource (700 pages)

Edition:

1st ed.

Place of Publication:

BRILL, 2026.

Summary:

What makes London one of the most important hubs for international arbitration ? This book aims to provide a comprehensive and in-depth overview of the key judgments on commercial and investment arbitration of the senior courts of England & Wales that have shaped English law on international arbitration. A guide for practitioners, a textbook for universities or arbitration courses, a book for arbitration experts, this book brings together stars and rising stars of international arbitration reflecting on how England & Wales remains a prominent jurisdiction for international arbitration and contributes to the development of international arbitration practice having an impact worldwide.

Contents:

Intro

Half Title Page

Series Page

Title Page

Copyright

Contents

Forewords

Notes on Contributors

Editors' Note

Chapter 1 The Role of English Courts in the Evolution of the English Arbitration Legal Framework: Party Autonomy and Enforcement of the Arbitration Agreement

1 Introduction

2 The Role of History in the Evolution of International Arbitration

2.1 Conceptual History: Tracing Arguments over Time

2.2 The Use of History in Arbitration Scholarship

3 A Concise Conceptual History of the Principles of Party Agreement and Enforcement of the Arbitration Agreement

3.1 Party Agreement and the Enforcement of the Arbitration Agreement in Historical Context

3.1.1 Scott v Avery

3.1.2 The Impact of Scott v Avery in the Second Half of Nineteenth Century

3.1.3 The Co-habitation of Scott v Avery with Mills v Bayley

3.1.4 The Consolidation of Practice and the Establishment of Scott v Avery and the Role of Statutory Codification

3.2 The Contribution of English Courts to the Consolidation of the Concepts of Party Autonomy and the Enforcement of the Arbitration Agreement: Between Tradition and the Future

4 Conclusion

Chapter 2 The New English Arbitration Act

2 Commission's Process

3 Major Reform 1: Proper Law of an Arbitration Agreement

3.1 Current Law

3.2 The Commission's Proposed Reform

4 Major Reform 2: Challenging the Tribunal's Jurisdiction under Section 67 of the 1996 EAA

4.1 Section 32 of the 1996 eaa

4.2 Section 103 of the 1996 eaa

5 Major Reform 3: Arbitrators' Duty of Disclosure

6 Major Reform 4: Arbitral Immunity

6.1 Removal

6.2 Resignation

7 Major Initiative 5: Summary Disposal

8 Major Initiative 6: Court's Powers in Support of Arbitral Proceedings

8.1 Orders against Third Parties

8.2 Rights of Appeal.

9 Other Areas of Reform

9.1 Appeals from Section 9 of the 1996 EAA (Stay of Legal Proceedings)

9.2 Court Determination of Preliminary Matters under Sections 32 and 45 of the 1996 EAA

9.3 Interplay between Sections 57 and 70 of the 1996 EAA (Time Periods)

9.4 Domestic Arbitration Agreements (Sections 85 and 87 of the 1996 EAA)

10 Points Considered but Not the Subject of the Proposed Reform

10.1 Appeal on a Point of Law under Section 69

10.2 Confidentiality

10.3 Discrimination

10.4 Technology

11 What Comes Next?

Chapter 3 Crossing Borders: A Comparative Analysis Looking at the Reform of the English Arbitration Act with the U.S. Restatement

2 Arbitrator Independence and Impartiality and the Duty of Disclosure

2.1 Position in England and Wales

2.1.1 Arbitrators' Independence

2.1.2 Arbitrators' Duty to Disclose

2.2 The U.S. Approach

2.3 Conclusion

3 Removal of Arbitrators and Arbitrator Immunity

3.1 Position in England and Wales

3.1.1 Resignation

3.1.2 Applications for Removal

3.2 The U.S. Approach

3.3 Conclusion

4 Orders against Third Parties

4.1 Position in England and Wales

4.2 The U.S. Approach

4.3 Conclusion

5 Emergency Arbitrators

5.1 Position in England and Wales

5.2 The U.S. Approach

5.3 Conclusion

6 Scope of Challenges to Awards

6.1 Position in England and Wales

6.2 The U.S. Approach

6.3 Conclusion

7 The Law Governing the Arbitration Agreement

7.1 The EAA and the English Reform

7.2 The U.S. Approach

7.3 Conclusion

8 Final Remarks

Chapter 4 Enka Insaat Ve Sanayi A.S. (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38

2 Preliminary Considerations on the Major Topic Decided by the Court

3 The Case

3.1 Factual Background and Procedural History.

3.1.1 The First Instance Decision

3.1.2 The Court of Appeal Decision

3.2 Issues and Parties' Arguments

3.3 The Court's Opinion

3.3.1 The Majority

3.3.1.1 Separability

3.3.1.2 The Overlap Argument

3.3.1.3 The Validation Principle

3.3.1.4 Closest Connection Test

3.3.1.5 Application to the Facts

3.3.2 The Minority

3.3.2.1 Lord Burrows

3.3.2.2 Lord Sales

4 Critical Analysis of the Opinion and How It Affected English Law

5 Conclusion

Chapter 5 NWA and FSY v NVF and ors [2021] EWHC 2666 (Comm)

2 The Basis for Uncertainty: Emirates Trading and Sierra Leone

3 The NWA Judgment

3.1 Factual Background

3.2 The Issues Involved in the Section 67 Application

3.3 The Court's Analysis

4 The Significance of NWA

5 Implications of NWA on English Law

6 Conclusion

Chapter 6 Jivraj v Hashwani [2011] UKSC 40

1 IntroductionThe authors are grateful to Abdul Sattar for his valuable contributions and suggestions to this article.

2 Jivraj v Hashwani

2.1 Factual Background of the Case

2.1.1 The Decision of the English High Court

2.1.2 The Decision of the English Court of Appeal

2.1.3 The Decision of the UK Supreme Court

3 Subsequent Developments

3.1 Equality Act 2010

3.2 Brexit in 2020

4 Analysis of Jivraj v Hashwani

4.1 Sui generis Nature of the Relationship between Arbitrator and Disputing Parties

4.2 Importance of Party Autonomy and Party Agreement in the Arbitration Process

4.3 Reforms of the Arbitration Act 1996

Chapter 7 Scott v Avery (1856) 5 HLC 811

2 Theoretical Framework: Contrasting Theories of Arbitration - Contractual v Jurisdictional Perspectives

2.1 Contractual Theory: The Primacy of Party Autonomy

2.2 Jurisdictional Theory: The Public Dimension of Arbitration.

2.3 Scholarly and Practical Implications: The Tug-of-War

3 Historical Context of Scott v Avery

3.1 Early Judicial Ambivalence: Balancing Private Agreements and Public Oversight

3.2 Incremental Acceptance: Statutory and Jurisprudential Shifts

3.3 The Culmination in Scott v Avery

4 The Case

4.1 Factual Background of the Case, including Procedural History

4.2 Issues and Parties Allegations

4.3 The Court's Opinion and Analysis

4.3.1 The Judgment for the Plaintiff: Concerns about Judicial Oversight and Public Policy

4.3.2 The Judgment for the Defendant: Contractual Validity and Enforceability

4.3.3 Lord Campbell

5 Legacy and Modern Influence of Scott v Avery

6 Modern Developments

Chapter 8 Fulham Football Club (1987) Ltd v Richards &amp

Anor [2011] EWCA Civ 855

2 Preliminary Considerations on the Major Topic Decided by the Courts

3 Factual Background of the Case

4 Issue and Parties' Allegations

4.1 Fulham's Allegations

4.2 Sir David's and FAPL's Allegations

4.3 The Court's Opinion

5 Key Takeaways

6 Critical Analysis of the Opinion and How It Impacted English Law

6.1 The Concept and Importance of Arbitrability

6.2 The Distinction between Objective and Subjective Arbitrability

6.3 The Relationship between Arbitrability and Public Policy

6.4 The Importance of Protecting Third-Party Rights

7 Conclusion

Chapter 9 Fiona Trust &amp

Holding Corp v Privalov[2007] UKHL 40

2 General Considerations

3 The Fiona Trust Case

3.1 Factual and Procedural Background

3.2 Issues and Parties' Allegations

3.2.1 The Construction Issue

3.2.2 The Parties' Position on the Construction Issue

3.2.3 The Courts' Approach on the Construction Issue

3.2.4 The Doctrine of Separability Issue.

3.2.4.1 The Parties' Position on the Doctrine of Separability Issue

3.2.4.2 The Court's Position on the Doctrine of Separability Issue

3.3 Key Takeaways

3.3.1 On the Construction of Arbitration Agreements

3.3.2 On the Doctrine of Separability

4 Analysis of the Fiona Trust Guidelines and How It Impacted English Law

4.1 Subsequent Cases on the Construction of Arbitration Agreements

4.2 Subsequent Cases on the Doctrine of Separability

5 Limitations and Open Questions

Chapter 10 Soleimany v Soleimany [1999] Q.B. 785

2 The Case

2.1 Factual Background

2.2 Procedural History

2.3 Issues and Parties' Arguments

2.4 The Court's Judgment

2.4.1 The Law Relevant to Illegal Contracts

2.4.2 The Type of Contract the Arbitrator Was Dealing With

2.4.3 Relevance of Foreign Court's Approach to Illegality

2.4.4 Relevance of the Fact that The Question of Enforcement Related to an Arbitration Award

2.4.5 Examination of Prima Facie Evidence of an Illegal Contract (Obiter)

2.4.6 Relevance of Alternative Argument Available to the Plaintiff

3 Key Takeaways

Chapter 11 MVV Environment Devonport v NTO Shipping GmbH (The 'Nortrader') [2020] EWHC 1371 (Comm)

2.2 Issues and Parties' Contentions

2.3 Decision of the Court

Chapter 12 Republic of Mozambique v Privinvest Shipbuilding [2023] uksc 32

2 Preliminary Considerations on the Major Topic Decided by the Court in the Case

3 The Mozambique Case

3.1 Factual Background of the Case and the Procedural History

3.2 Issue and Parties' Allegations

3.4 Key Takeaways

4 Critical Analysis of the Opinion and How It Impacted English Law

5 Conclusion.

Chapter 13 Kabab-Ji-SAL v Kout Food Group [2021] UKSC 48.

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ISBN:

9789004757851