This review covers, without seeking to be exhaustive, the court decisions and developments in the field of arbitration in 2023 which caught the authors’ attention. It covers the main cases and trends in England and Wales, as well as in other key common law arbitration seat jurisdictions including Hong Kong SAR and Singapore.
By way of structure, this review analyses cases in a sequence that mirrors the structure and chronology of a dispute resolved through arbitration – i.e. starting with the commencement of an arbitration and ending with the enforcement of a foreign award by a court. There is also a section on relief granted by courts in aid of arbitration.
It also covers other major developments such as the Law Commission’s review of the Arbitration Act 1996, proposed amendments to major arbitral rules (notably by SIAC) and developments in relation to how arbitrations can be funded. In a final section we seek to summarise the trends we have identified and suggest what 2024 might hold in store for arbitration.
CONTENTS:
P1 – Commencing arbitration and arbitrability
P12 – Arbitrators and procedure
P13 – Appealing awards
P22 – Court assistance and intervention
P26 – Enforcement of awards
P29 – Law reform: reviewing the Arbitration Act 1996
P32 – Updates to other arbitration laws
P33 – Updates to arbitration rules
P34 – Developments in relation to how arbitrations can be funded
P35 – Trends in 2023, and what 2024 might hold in store for arbitration
P38 – Appendix: judgments analysed and considered in this Review
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