A. LEGISLATION, TRENDS AND TENDENCIES International arbitration in England and Wales4 continues to be governed by the Arbitration Act 1996 (the “Arbitration Act”), to which no legislative amendment was made in 2013.5
B. CASES B.1. Severability Where Parties Did Not Agree to the Main Contract The English High Court recently set aside a maritime arbitration award concerning an alleged charter contract on the basis that no arbitration agreement was reached between the parties.6 The High Court found that on the facts there been no consensus between the parties as to the purported contract. There was no evidence that the parties intended the arbitration agreement to have effect independently of the proposed charter. The case confirms the limits of the doctrine of severability of the arbitration agreement from the contract in which it is contained: where the reason for the invalidity of the main agreement is the same as that for the arbitration clause, the issue of whether there is an agreement may affect both parts of the contract.