Podcast Location:
Download it here [file size: 33.9 MB]
Categories:
Litigation & Dispute Resolution
ADR & Mediation
Remedies & Enforcement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at commercial and dispute resolution practitioners. It aims to explore the law – statute and recent case law as well as the procedures surrounding the use of stays and anti-suit injunctions as tools in litigation to prevent a party to a contract breaching a binding agreement to arbitrate a dispute.

Outcomes:
After completing the course you will:
  • Know in what circumstances a party would wish to apply to the courts for a stay of court proceedings in favour of arbitration;
  • Understand the preliminary procedural requirements to be followed to obtain a stay under section 9 Arbitration Act 1996;
  • Understand the relevant factors to be considered in before a stay can be obtained under section 9 Arbitration Act 1996;
  • Understand how courts deal with section 9 applications from a case management perspective;
  • Understand the power of the English courts to grant a stay of proceedings outside the terms of section 9;
  • Understand the consequences for a party who brings proceedings in a foreign court in breach of the terms of an agreement to arbitrate the dispute;
  • Know how a party can apply for an anti-suit injunction to restrain the bringing of proceedings;
  • Understand the scope of the relevant powers for the court to grant an injunction.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Panel Discussion
Procedural
Sources and References:
  • Arbitration Act 1996 ss 5, 6, 9, 44;
  • Senior Courts Act 1981 s 37;
  • Civil Procedure Rules: rr 3, 11, 58.6(2), 62.8(3);
  • Capital Trust Investment Ltd. v Radio Design AB & Ors [2002] EWCA Civ 135;
  • Bilta (UK) Ltd (In Liquidation) v Nazir & Ors [2010] EWHC 1086 (Ch);
  • Albon (t/a N A Carriage Co) v Naza Motor Trading SDN BHD & Anor [2007] EWHC 9 (Ch);
  • Ahmad Al-Naimi (t/a Buildmaster Construction Services) v Islamic Press Agency Incorporated [2000] EWCA Civ 17;
  • City of London v Sancheti [2008] EWCA Civ 1283;
  • Abu Dhabi Investment Company & Ors v H Clarkson & Company Ltd. & Ors [2006] EWHC 1252 (Comm);
  • Downing v Al Tameer Establishment & Anor [2002] EWCA Civ 721;
  • Paczy v Haendler & Naterman [1981] 1 Lloyd’s Rep 302;
  • The Rena K [1979] QB 377;
  • Gatoil International Inc. v. National Iranian Oil Company (High Ct, Q.B. 1988);
  • Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46;
  • A v B [2006] EWHC 2006 (Comm);
  • Etri Fans Ltd v NMB (UK) Ltd [1987] 1 WLR 1110;
  • AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647;
  • Starlight Shipping Co & Anor v Tai Ping Insurance Co Ltd (Hubei Branch) & Anor Rev 1 [2007] EWHC 1893 (Comm);
  • Allianz & Anor v West Tankers Inc (Judgments Convention/Enforcement of judgments) [2009] EUECJ C-185/07;
  • Shashoua & Ors v Sharma [2009] EWHC 957 (Comm);
  • Sabmiller Africa BV v Tanzania Breweries Ltd [2009] EWHC 2140 (Comm);
  • Cetelem SA v Roust Holdings Ltd [2005] EWCA Civ 618;
  • Econet Wireless Ltd v Vee Networks Ltd & Ors [2006] EWHC 1568 (Comm);
  • Elektrim SA v Vivendi Holdings 1 Corp [2008] EWCA Civ 1178;
  • Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato KTF [2011] EWHC 345 (Comm);
  • Kazakhstan v Istil Group Inc [2007] EWHC 2729 (Comm).
Tags:

In this podcast Simon Nesbitt and Jerome Finnis of Hogan Lovells’ International Arbitration Group provide an overview of two ways by which the English courts support and uphold binding arbitration agreements. Firstly by staying proceedings brought in the English courts where the subject matter of the proceedings is covered by an arbitration agreement. This podcast also looks at the granting of an anti-suit injunction to prohibit a party to an arbitration agreement from commencing proceedings in a foreign court.

Podcast added: 16/04/12

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