Tag Results

High Court: security for costs application cannot be used to avoid enforcement of arbitration award

A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled. Mr Justice Picken said the position was no different because a litigation funder was involved.

April 12th, 2018 | No Comments »

“World first” online arbitration platform launches

An online platform, described by its creator as “the only one in the world” to allow arbitrations to be conducted entirely on the internet, has launched with a pilot personal injury scheme. The platform, eARB, is handling over 20 cases as part of a pilot scheme developed by the Personal Injury Claims Arbitration Service.

January 5th, 2018 | No Comments »

Press regulator backs low-cost arbitration in “access to justice” bid

A voluntary newspaper regulator yesterday launched a dispute resolution scheme that requires an up-front payment of just £50 to kick off a legal claim, with a further £50 payable only if the case goes to final ruling. The scheme was set up by IPSO, the Independent Press Standards Organisation, created in the wake of Lord Justice Leveson’s  inquiry to replace the Press Complaints Commission.

November 28th, 2017 | No Comments »

QC proposes ‘no disclosure’ rule for arbitrations

Arbitrations should begin with a default position of no disclosure of documents, a leading QC has argued. Peter Rees QC said for many disputes, each side had “all the documents it needs” and disclosure was a “time-consuming and expensive luxury”.

July 21st, 2017 | No Comments »

Brexit will have “beneficial effect” on arbitration, Lord Chief Justice predicts

There is a “strong case” that Brexit will have a “beneficial effect” on arbitration in England and Wales, the Lord Chief Justice has predicted. Lord Thomas said it was “quite wrong” to suggest that Brexit made the law of the UK uncertain, and argued that it “will have no effect on London’s key strengths”.

April 26th, 2017 | No Comments »

Chambers launches “unique” arbitration service amid spiralling litigation costs

Kings Chambers has launched a new arbitration service, with its own website, in what is believed to be the first move of its kind. The service aims to be “quicker, cheaper and more efficient” and offers fixed fees.

June 8th, 2016 | No Comments »

City firm launches online arbitration system, as loss adjusters make their move

City firm Bargate Murray has launched an online arbitration system aimed at small businesses and consumers. The move comes as the Independent Loss Adjusters Association launches a claims review service, aimed at resolving disputes without the need for litigation.

May 11th, 2016 | No Comments »

LCJ: litigation preferable to arbitration in commercial cases

The growth of arbitration as a means of resolving commercial disputes has retarded the development of the common law and the balance between the two should be re-examined, according to the Lord Chief Justice. He said the law had gone “too far” in favouring arbitration over “the development of the common law”.

March 21st, 2016 | No Comments »

High Court demands removal of barrister arbitrator over risk of “apparent bias”

A High Court judge has demanded that a barrister resign as the arbitrator of a construction dispute because of “the real possibility of apparent bias”. Mr Justice Hamblen said Anthony Bingham showed a “lack of awareness”.

February 22nd, 2016 | No Comments »

Privatised systems of justice mean “the law can ossify”, LCJ warns

Privatised systems of justice, such as arbitration, can result in situations where the “law can ossify” and democracy is undermined, the Lord Chief Justice has warned. Lord Thomas said that “many have felt” that the restrictions on the right to appeal decisions of commercial arbitrators were “too tight”.

November 20th, 2015 | No Comments »