Arbitration

Arbitration

This subtopic provides introductory content on arbitration matters for customers who have subscribed to the Dispute Resolution module. It is not intended to be comprehensive. For detailed coverage on arbitration more generally, eg under the Arbitration Act 1996 (AA 1996), ad hoc and institutional arbitration, international arbitration, etc, see the Arbitration module.

What is arbitration?

Practice Note: Arbitration—an introduction to the key features of arbitration gives an introduction to the topic of arbitration. Focusing on its key features including: party autonomy, procedural flexibility, choice of forum or seat and decision makers (arbitrators), privity and joinder, separability of the arbitration agreement, confidentiality and privacy, as well as enforceability of arbitral awards. The Practice Note also sets out why these are important and gives links to more detailed information in each of the specific areas. While the note focuses on arbitration under AA 1996, the features of arbitration are more widely applicable in institutional arbitration and arbitration in other jurisdictions.

What is ad hoc arbitration?

Practice Note: Ad hoc arbitration—an introduction to the key features of ad hoc arbitration gives information about arbitrations that are conducted without the supervision

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Latest Dispute Resolution News

Dispute Resolution weekly highlights—20 February 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the publication of the new model forms under CPR, the Supreme Court decision in Nasir v Zavarco Plc (doctrine of merger), the Court of Appeal decision in EE Ltd v Virgin Mobile Telecoms Ltd (exclusions of liability) and a costs decision in Reeves v Frain (invalid damages based agreements); details of our most recently published content; dates for your diary and other information of general interest to dispute resolution practitioners.

The Supreme Court holds that the doctrine of merger does not extend to declaratory judgments (Nasir v Zavarco Plc)

The Supreme Court unanimously dismissed the appeal, holding that the doctrine of merger is confined to ‘coercive judgments’ and does not extend to declaratory judgments. Jack Mitchell of Old Square Chambers comments on the implications of the judgment.

Kuwaiti Co applications to claw back US$1.2bn from Saudi prince

Law360, London: A Kuwaiti telecommunications business urged a London appeals court on 14 February 2025 to find that a Saudi prince should not be able to dodge a US$1.2bn arbitration debt, arguing that the royal can validly be served documents in England.

Representative actions in copyright infringement claims (Getty Images v Stability AI)

IP analysis: This judgment considers CPR Part 19 representative actions in the context of copyright infringement claims, particularly those that involve alleged infringement of a very large number of works owned by different entities. The court decided that one Claimant, Thomas M Barwick Inc (Barwick), could not act as a representative for a class of individuals (who had licensed copyright works on similar terms to Getty, with the other claimants being members of the Getty corporate group) due to an unclear class definition and issues with how the claim would be case managed. The judgment emphasises the necessity of a clear, outcome-independent class definition and a common interest among class members under CPR 19.8. The court also dismissed an informal application under CPR 19.3 to proceed without joinder of all interested parties, stating there was insufficient evidence to address whether there was potential prejudice to the defendants, though it did not shut out a further application under CPR 19.3 supported by appropriate evidence, and such an application was not precluded by the finding under CPR 19.8. Written by Luke Maunder, associate Director at Osborne Clarke LLP.

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