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Court of Appeal Clarifies the Meaning of Section 15 of the English Arbitration Act 1996 on the Appointment of the Arbitral Tribunal

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The Court also strengthens the principle that leave of the first instance court is required to appeal against judgments on arbitration claims.

The recent Court of Appeal decision in Itochu Corporation v Johann M. K. Blumenthal & another 1 has established that ad hoc arbitrations without an appointing authority under the Arbitration Act 1996, unless the parties agree on the number of arbitrators, a sole arbitrator will be appointed even if the arbitration agreement suggests that the parties contemplated more than one arbitrator.

Please see full alert below for more information.

White & Case represented the successful claimant (the respondent at the appeal stage).


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Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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