The English Law Approach to Arbitrability of Disputes. / Valladares Paheco de Oliveira, Leonardo.

In: International Arbitration Law Review, Vol. 19, No. 6, 01.12.2016, p. 155-167.

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Abstract

The arbitrability of disputes under English law was not given a statutory character by the Arbitration Act 1996. The Arbitration Act 1996 contains provisions that could address the topic indirectly, however, it is not clear how and if arbitrability could be found within the Act as the approach is rather tangential. It was left for the case law to define arbitrability and regulate its application but in relation to its definition, the approach has not been successful. Albeit this scenario, it does not mean that there is no arbitrability of disputes under English law, on the contrary, several cases have been deciding issues of arbitrability. Therefore, this article analyses the arbitrability of disputes in English law through the lens of the Arbitration Act 1996 and the case law regarding specific subjects in which the issue has been raised. The study demonstrates that there is a confusion regarding the definition of arbitrability and argues that its application under English law needs clarification.
Original languageEnglish
Pages (from-to)155-167
Number of pages43
JournalInternational Arbitration Law Review
Volume19
Issue number6
Publication statusPublished - 1 Dec 2016
This open access research output is licenced under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

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