Applications to Court

This practice note outlines the rules which govern the grant of permission to appeal from first instance judgments in arbitration claims. It focuses in particular upon the question of which court can grant permission to appeal, and whether the Court of Appeal may grant permission if this is refused by the first instance judge.

A note outlining the circumstances in which the court may set aside an award on the grounds that it was made without jurisdiction, under section 67 of the Arbitration Act 1996.

Unless the parties to the arbitration agreement agree otherwise, and provided the court grants leave to appeal (or all parties agree), a party to arbitral proceedings can appeal to the court on a question of law arising out of an award. Such appeals are relatively unusual because parties often exclude the right to appeal on a question of law, and the threshold for leave to appeal is set very high. This note outlines the situations in which an appeal is possible, and provides practical guidance on the procedure to be followed.

This note sets out the fees payable in the High Court in relation to certain key stages in proceedings. For details of fees in the county court, see Practice note, County court fees: a quick guide. For the fees payable in the Supreme Court, see Practice note, Supreme Court fees: a quick guide. Note that the Ministry of Justice has launched a consultation paper on changes to fees and the fees structure in the High Court and the Court of Appeal Civil Division (see Legal update, Consultation on changes to fees in the High Court and Court of Appeal).

What remedies are available where a party commences court proceedings in breach of an arbitration agreement, or initiates arbitration in breach of a valid jurisdiction clause? This note considers the power of the English court to grant an anti-suit injunction to restrain foreign court or arbitration proceedings where these have been commenced in breach of an arbitration agreement. The effect of the ECJ decision in Allianz SpA v West Tankers Inc (Case C-185/07) is analysed, and guidance is given on practice and procedure. We are reviewing this note in light of the Supreme Court's decision in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35.

Sometimes arbitral awards contain clerical errors or ambiguities which require correction. Sometimes the tribunal has forgotten to deal with all the claims which were presented to it. Sometimes the reasons given by the tribunal are unclear. Such inadequacies place the parties in a difficult position: the successful party cannot properly enforce the award where it contains obvious errors; and the unsuccessful party may find it difficult to assess the chances of challenging the award if the basis for it is unclear. This practice note outlines the remedies for inadequate awards, and gives guidance as to how those remedies may be obtained.

What options are open to you if your opponent breaches the tribunal's procedural directions? This practice note considers the possibility of applying to the court for an order enforcing the tribunal's directions.

This note considers the court's powers to support arbitration by making orders relating to the preservation or sale of property, assets or evidence. Particular consideration is given to the relationship between the overlapping powers of the court and the arbitral tribunal in this regard.

The English Arbitration Act 1996 aimed to limit court intervention in arbitrations, and defined the role of the court as supportive rather than supervisory. This practice note discusses the practical implications of this approach. It identifies the situations in which the court is entitled to intervene and considers whether the court's powers can be excluded by agreement.