International Arbitration News
More newsCan the parties to an arbitration agreement restrict the arbitrator’s powers to determine their procedure by way of email?
The Supreme Court of Appeal (SCA) recently handed down judgment in the case of Rabinowitz v Levy and Others (1276/2022) ZASCA 8 (26 January 2024) in which it, inter alia , addressed the rights of parties in an arbitration proceeding to amend or curtail the arbitrator’s powers through email correspondence.
Early Detection of Fraud and/or Corruption in Arbitrations: Lessons from the Recent English Court Decisions?
Two recent English Commercial Court decisions serve as a warning to dishonest parties hoping to exploit the arbitral process to obtain or enforce fraudulent or corrupt arbitration awards. The English courts generally follow a non-interventionist approach when it comes to the challenge of enforcement of arbitral awards. However, these recent decisions signify that the Commercial Court can and will use its statutory powers to intervene, investigate and order disclosure to uphold the legitimacy of the arbitral process and parties’rights.
Pipped at the post? (the pitfall of instituting a claim in the wrong forum and how this relates to the relevant arbitration clause and underlying agreement)
As a result of court backlogs and delays, and the public nature of court hearings, it has become common place for commercial contracts to include an arbitration clause. Arbitrations are a form of alternative dispute resolution whereby a dispute is resolved through a private procedure before an arbitrator instead of a judge. An arbitration clause normally seeks to include all disputes between the parties arising out of an agreement.