Title: The English Court's Assistance to Overseas Arbitration - Muddy Waters in the Arbitration Act 1996
Abstract: The Arbitration Act 1996 has been hailed as a comprehensive restatement of arbitration law in England, Wales, and Northern Ireland which clarifies many of me murky corners of the previous arbitration regime. It has, in short, been demystified and made more ‘user friendly’. Whilst this is certainly true as a general conclusion, it would be wrong to assume that the new legislation is a model of clarity in all areas. One area which remains unclear is the apparent contradiction in the new Act in the provisions concerning the assistance to be provided by English courts in the presentation of evidence to arbitrations conducted outside of England and Wales or Northern Ireland.1 The following example illustrates the problem. Let us assume mat an English oil company is a defendant in arbitration proceedings taking place in Geneva (with a Geneva seat). The dispute involves the quality of pipes supplied by an...
Publication Year: 1997
Publication Date: 1997-12-01
Language: en
Type: article
Indexed In: ['crossref']
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