English Supreme Court Champions Party Autonomy in Arbitration

more+
less-

The often-cited list of advantages of arbitration includes economy, speed, procedural flexibility, the ability to choose arbitrators, the neutrality of the process and cross border enforcement of awards. While parties with experience of international arbitration might doubt some of these claims, the ability to choose your own arbitrator and rely on the neutrality of the process are unquestionably among the most important and popular attributes of arbitration that inspire confidence in its users.

In a seminal decision very recently published in the case of Jivraj v Hashwani [2011] UKSC 40, the English Supreme Court (formerly the House of Lords) dismissed a challenge to the parties' hitherto undoubted right to determine the composition of their arbitral tribunal, and reaffirmed its support for the "breadth of discretion left to the parties and the arbitrator to structure the process for resolution of" their disputes in arbitration.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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.

© Reed Smith | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×