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An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding. [2] Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions.
If any legal proceedings are commenced against a party which are subject to an arbitration agreement, then the party may apply to the court for a stay of those legal proceedings, and the Act provides that the court "shall grant a stay unless [it is] satisfied that the arbitration agreement is null and void, inoperative, or incapable of being ...
the award has not yet become binding upon the parties, or has been set aside or suspended by a competent authority, either in the country where the arbitration took place, or pursuant to the law of the arbitration agreement; the subject matter of the award was not capable of resolution by arbitration; or
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
In 2011, the government of Mauritius challenged Sir Christopher Greenwood's role in the arbitration proceedings on the grounds that his role as a UK Foreign and Commonwealth legal adviser could bias him in favour of the United Kingdom's claims to the Chagos Islands. However, this was rejected by the tribunal on the basis that this "neither ...
The Law Commission initially excluded arbitration clauses from the act, but later amended their draft bill so as to allow third parties to take advantage of arbitration proceedings. [47] The provisions on arbitration clauses were not received well during the bill's passage through Parliament, and were described as "very messy", "a labyrinth ...
The Advisory, Conciliation and Arbitration Service (Acas) is a non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong industrial relations practice. Acas provides employment law and employment relations advice for employers ...
The Arbitration Act 1979 (c. 42) was an Act of the Parliament of the United Kingdom that reformed arbitration law in England and Wales.Prior to 1979, arbitration law was based on the Arbitration Act 1950, which allowed use of the "case stated" procedure and other methods of judicial intervention, which marked English arbitration law as significantly different from that of other jurisdictions.
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