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Arbitration Law Monthly RSS feed

Arbitration and third parties: abuse of process and arbitration awards

Online Published Date : 12 June 2017 | Appeared in issue: Vol 17 No 06 - 01 June 2017

Michael Wilson & Partners Ltd v Sinclair and Another [2017] EWCA Civ 3, the latest instalment in the decade-long dispute between MWP and its ex-employees, has allowed the Court of Appeal to adjudicate upon a difficult issue in relation to the effect of an arbitration award upon a third party. The essential question, albeit arising in a complex factual scenario, was whether an arbitration award holding that A had no claim against B for improperly acquiring shares, in that the shares belonged to C, precluded a claim in judicial proceedings by A against C in respect of those shares.

Jurisdiction: validity of arbitration clause

Online Published Date : 12 June 2017 | Appeared in issue: Vol 17 No 06 - 01 June 2017

In Yegiazaryan v Smagin [2016] EWCA Civ 1290 the Court of Appeal heard an appeal from the judgment of Teare J on the meaning of a dispute resolution clause. By common consent the arbitration clause was poorly drafted and purported to bind a person who was not a party to the agreements to which the clause related. The Court of Appeal agreed with Teare J that the provision did indeed qualify as an arbitration clause.

Agreements to arbitrate: loss of right to arbitrate

Online Published Date : 12 June 2017 | Appeared in issue: Vol 17 No 06 - 01 June 2017

The decision of Belinda Ang J in the High Court of Singapore in BMO v BMP [2017] SGHC 127 covers a lot of ground, including the law applicable to an arbitration clause and the proper approach to its interpretation. However, the most important aspect of the decision is the detailed analysis of the circumstances in which a right to arbitrate is lost by a party who commences litigation instead of arbitrating.