The English law approach to arbitrability of disputes

Valladares Pacheco de Oliveira, Leonardo (2016) The English law approach to arbitrability of disputes. International Arbitration Law Review, 19 (6). pp. 155-197. ISSN 1367-8272

[img]
Preview
Text
Accepted Version
Available under the following license: Creative Commons Attribution Non-commercial No Derivatives.

Download (466kB) | Preview
[img] Text (Publication date)
Other
Restricted to Repository staff only

Download (235kB) | Request a copy
Official URL: http://www.sweetandmaxwell.co.uk/Catalogue/Product...

Abstract

The arbitrability of disputes under English law was not given a statutory character by the Arbitration Act 1996. The Arbitration Act 1996 contains provisions that could address the topic indirectly, however, it is not clear how and if arbitrability could be found within the Act as the approach is rather tangential. It was left for the case law to define arbitrability and regulate its application but in relation to its definition, the approach has not been successful. Albeit this scenario, it does not mean that there is no arbitrability of disputes under English law, on the contrary, several cases have been deciding issues of arbitrability. Therefore, this article analyses the arbitrability of disputes in English law through the lens of the Arbitration Act 1996 and the case law regarding specific subjects in which the issue has been raised. The study demonstrates that there is a confusion regarding the definition of arbitrability and argues that its application under English law needs clarification.

Item Type: Journal Article
Keywords: Arbitrability, Jurisdiction, England
Faculty: ARCHIVED Faculty of Arts, Law & Social Sciences (until September 2018)
Depositing User: Dr Leonardo Valladares Pacheco de Oliveira
Date Deposited: 20 Dec 2016 10:12
Last Modified: 14 Nov 2019 16:11
URI: http://arro.anglia.ac.uk/id/eprint/701213

Actions (login required)

Edit Item Edit Item