Tag Archives: Parallel proceedings

Parallel court and arbitration proceedings: English High Court grapples with further case management issues in Panama Canal dispute, clarifying that service of a defence pending appeal on refusal to grant a stay will not constitute “a step towards answering the substantive claim”

In our previous blog post on Autoridad del Canal de Panama v Sacyr, S.A. & Ors, we considered a failed application to stay English court proceedings brought in a dispute in which related ICC arbitration proceedings are also on foot. … Continue reading

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Filed under Arbitration Act 1996, Arbitration proceedings, Europe, Stays

Exploiting the advantages of an English arbitral seat? Commercial Court confirms the validity of an arbitration agreement and tribunal’s substantive jurisdiction whilst parallel proceedings continue in Italy

The English Commercial Court has granted an application under section 32 of the English Arbitration Act 1996 (the Act), determining that a tribunal appointed by the Refined Sugar Association has substantive jurisdiction to hear a dispute that has arisen out … Continue reading

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Filed under Arbitration Act 1996, Brussels Regulation, Jurisdiction

Commercial Arbitration in Australia: Restraining Arbitration to Protect the Integrity of the Court Process

In the recent decision of Caratti v Caratti [No 2],1 Justice Allanson of the Supreme Court of Western Australia granted an interlocutory injunction restraining a party to the proceedings from commencing arbitration. In so doing, His Honour clarified the operation … Continue reading

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Filed under Arbitration clauses, Australia