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United Kingdom - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Edward Poulton
Richard Davies
Katherine Lim
Page Count: 
16 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
United Kingdom
Practice Areas: 
International and Transnational Law,
Operation and Effects,
Enforceability
Author Detail: 

 

Edward Poulton is a Partner in Baker & McKenzie’s London office. He practices all forms of dispute resolution and specializes in international arbitration. His experience ranges from contract and M&A disputes to claims in the banking sector and investment treaty claims.

Kate Corby is a Senior Associate in Baker & McKenzie’s London office. She regularly represents clients in international arbitrations, often in the construction and natural resources sectors.

Fiona Lockhart and Katherine Wilde are Solicitor-Trainees in the Dispute Resolution Department of Baker & McKenzie’s London office.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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UNITED KINGDOM

Edward Poulton, Kate Corby, Fiona Lockhart and Katherine Wilde

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 2011.

B. CASES

B.1 Legality of Arbitration Agreements

B.1.1. Jivraj v. Hashwani [2011] UKSC 40

The English Supreme Court has overturned the decision of the
Court of Appeal (reported in the 2010 edition of this publication)
by ruling that a requirement in an arbitration clause that
arbitrators must be from the Ismaili Muslim community was not
unlawful. The Supreme Court held that an arbitrator is not an
employee within the meaning of the Employment Equality
(Religious and Belief) Regulations 2003 (the “2003 Regulations”)
and that, even if the 2003 Regulations had been applicable, the
requirement would have fallen within the “genuine occupational
requirement” exception in regulation 7(3) of the 2003 Regulations.

Table of Contents: 

UNITED KINGDOM

Edward Poulton, Kate Corby, Fiona Lockhart and Katherine Wilde

A. Legislation, Trends and Tendencies
B. Cases
B.1 Legality of Arbitration Agreements
B.2 Anti-Suit Injunctions
B.3 Enforceability of Declaratory Award
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy