English High Court refuses to determine the existence of a disputed arbitration clause prior to the commencement of arbitration proceedings

In a recent decision, the English High Court determined that it would be wrong in principle for the court to determine whether parties to a disputed contract had entered into a binding arbitration agreement in circumstances where one party intended to commence arbitration proceedings on the basis of the disputed arbitration agreement: HC Trading Malta Ltd v Tradeland Commodities S.L. [2016] EWHC 1279 (Comm) (click here for the full judgment).

The decision highlights the respect afforded to the arbitral process under the Arbitration Act 1996 ("the Act") and affirms that it is only in circumstances where the court is required to "fill a gap", such as with anti-suit injunctions preventing a party from commencing or continuing proceedings in another forum, that it will rule on the jurisdiction of an arbitral tribunal.

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Podcast: 8 top tips for in house counsel in managing an arbitration

In this short podcast, Professional Support Consultants Hannah Ambrose and Vanessa Naish provide 8 top tips for in house counsel in managing an arbitration.

 

For further information or to suggest topics for future podcasts, please contact Hannah Ambrose, Professional Support Consultant, Vanessa Naish, Professional Support Consultant, or your usual Herbert Smith Freehills contact. To request a copy of the Step by Step Guide to Arbitration under the LCIA Rules 2014 referred to in the podcast, contact Arbitration.Info@hsf.com.

 

Vanessa Naish
Vanessa Naish
Professional Support Lawyer
+44 20 7466 2112
Hannah Ambrose
Hannah Ambrose
Professional Support Lawyer
+44 20 7466 7585