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Arbitration & court intervention

03 March 2023 / Khawar Qureshi KC
Issue: 8015 / Categories: Features , Arbitration , ADR , Procedure & practice
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Khawar Qureshi KC outlines key Arbitration Act 1996 cases in 2022
  • Last year saw a number of decisions illustrating the limited circumstances in which the English courts will intervene in Arbitration Act 1996 cases.

In November 2022, the Court of Appeal dismissed an appeal from the decision of Mr Justice Jacobs who had held that an arbitrator had wrongly decided that he had jurisdiction (DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555, [2022] All ER (D) 77 (Nov)).

Charterers informed the owners of a vessel that it was not required, and a claim for approximately $US280,000 was brought by the owners alleging breach of a binding contract which contained a London arbitration clause. The charterparty contained a provision (known as a recap) which stated ‘subject/receivers approval’.

The Court of Appeal held that upon a proper construction, a binding contract would only come into existence where the ‘subjects’ (essentially conditions precedent) had been fulfilled, which had never happened. Accordingly, the separability principle (concerning

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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