Set-Off - Chapter 14 - Handbook on International Commercial Arbitration

Author(s):

Peter Ashford

Page Count:

4 pages

Media Description:

PDF from "Handbook on International Commercial Arbitration"

Published:

October, 2009

Jurisdictions:

International

Practice Areas:

Commercial Disputes,

Statement of Claim and Defense/ Counterclaims/ Set-Offs

Author Detail:

Peter Ashford is Solicitor of the Supreme Court and a Partner at Cripps Harries Hall LLP and is Head of the firm's Commercial Peter Ashford is a Partner and Head of commercial dispute resolution in the leading United Kingdom Firm of Cripps Harries Hall LLP, Tunbridge Wells, United Kingdom. Mr. Ashford advises on a wide range of commercial disputes with a particular emphasis on substantial commercial contract disputes, especially those involving an international aspect, partnership and LLP disputes, professional issues for solicitors and professional negligence. He is particularly experienced in complex, high value claims and acts for many international clients. He handles disputes in court, arbitration, mediation and disputes without any formal process. Mr. Ashford received his training in London and qualified in 1986. He joined Cripps Harries Hall LLP in 1987 and became a partner in 1991.

PDF44.43 KB

$40.00

Description:

Originally from Handbook on International Commercial Arbitration

Preview page

One of the most complex areas of arbitrability and one that arises often in practice is the question of set-off. In very many cases the claims advanced in the reference (whether by claim or counterclaim) will be plainly within the scope of the arbitration agreement, especially in light of the wide interpretation of the arbitration agreement. Situations will arise, however, when claims may (at least arguably) not be within the scope of the arbitration agreement.

In considering this area, it is important to have in mind two key factors:

1. What has been referred to arbitration and hence what jurisdiction the Arbitral Tribunal has, and;

2. Whether any cross- or counter-claim amounts to a true set-off in law.