Topic: Arbitration

The Court of Appeal has confirmed that a declaratory award under section 66 of the Arbitration Act can be enforced by the English courts in the same manner as a judgment. 

In Sulamerica CIA Nacional de Seguros SA & Ors v Enesa Engenharia SA & Ors [2012] EWHC 42 (Comm), Mr Justice Cooke held that an anti-suit injunction restraining the defendant insureds from pursuing proceedings in Brazil in breach of an arbitration clause would be continued. 

In Mary Harvey v. Motor Insurers’ Bureau (QBD (Merc) (Manchester), Claim No: 0MA40077, 21 December 2011), the High Court held that it was not appropriate to grant leave to appeal an arbitrator’s decision that the victim of a road traffic accident was not entitled to compensation for personal injury under s.69 the Arbitration Act 1996 (the Act) (s.69 of the Act only allows appeals to be made where the arbitrator has made some error of law). 

Micoperi SrL (Micoperi) v. The Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) (the Club) concerned an appeal by Micoperi under section 69 of the Arbitration Act 1996 (AA) that the arbitrators in their Partial Final Award in an arbitration between Micoperi and the Club had made an error of law. 

In the case of A & 3 ORS v (1) B (2) X [2011] EWHC 2345 (Comm), an application was made under s.24(1)(a) of the Arbitration Act 1996 (the Act) to remove a sole arbitrator and to challenge a partial award for serious irregularity under s.68(1) of the Act. 

In the case of Jivraj v Hashwani [2011] UKSC 40, the Supreme Court recently ruled on whether arbitrators were subject to equality laws. 

In PT Thiess Contractors Indonesia v PT Kaltim Prima Coal and another [2011] EWHC 1842, the Commercial Court refused to grant a stay where arbitration proceedings were ongoing in relation to disputes arising out of a related and overlapping contract.