UK Arbitration H1 2020: 6 Months And 6 Key Messages From The English Courts, Part 2

• Published date: 29 June 2020
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Proskauer Rose LLP
• Author: Ms Dorothy Murray and David Hill

With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes.

We identified 6 key developments in arbitration case law in England from the last 6 months. In Part 1 of the two-part post, we explained how:

1. The English Court will determine the applicable law to an arbitration agreement and hold parties to their bargain by enforcing such arbitration agreements ...

2. ...But only where clearly drafted. The Courts will not save a party from competing clauses.

3. The English Court limits when a non-party can rely on arbitration agreements.

In Part Two, we will cover how:

4. An English seated arbitration agreement can afford the protection of the English Court to contractual debts.

5. The English Court remains willing to support English and foreign seated arbitrations...by freezing orders (in the right circumstances)

6. ...and by compelling non-parties to give evidence.

4. The English Courts' jurisdiction and protection extends beyond the arbitration agreement to assets arising under the matrix contract

In SAS Institute Inc v World Programming, the Court of Appeal considered the basis on which it will permit or prevent enforcement of a foreign judgment in a foreign court where such judgment involved assets in England. It...