English court considers scope of arbitration clause when there are allegations of criminal activity
By Sarah McMurray
In the recent case of Interprods Ltd v De La Rue International Ltd, the English court rejected arguments challenging arbitral awards under sections 68 and 69 of the Arbitration Act 1996 on the basis that the tribunal lacked jurisdiction because the arbitration clause did not extend to allegations of serious criminal conduct.
The court held that even if a contractual dispute arises out of the criminal conduct of one of the parties, the ambit of an arbitration clause will not be restricted unless the parties have expressly stated that this should be the case.
The case also shows that where a party fails to give reasons as to why it cannot take part in hearings, it will not constitute a procedural irregularity if the tribunal takes fair decisions in its absence, especially where the applicants could not demonstrate that a significantly different outcome would have been achieved in their presence…
Click on the link below to read the rest of the DLA Piper briefing.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The land and buildings transaction tax will replace stamp duty land tax in Scotland on 1 April 2015.
The government has released an exposure draft of the Exploration Development Incentive (EDI) legislation.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.