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.

Research output: Contribution to journalArticlepeer-review

Published

Standard

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.

Research output: Contribution to journalArticlepeer-review

Harvard

Valladares Paheco de Oliveira, L 2016, 'The English Law Approach to Arbitrability of Disputes', International Arbitration Law Review, vol. 19, no. 6, pp. 155-167.

APA

Valladares Paheco de Oliveira, L. (2016). The English Law Approach to Arbitrability of Disputes. International Arbitration Law Review, 19(6), 155-167.

Vancouver

Valladares Paheco de Oliveira L. The English Law Approach to Arbitrability of Disputes. International Arbitration Law Review. 2016 Dec 1;19(6):155-167.

Author

Valladares Paheco de Oliveira, Leonardo. / The English Law Approach to Arbitrability of Disputes. In: International Arbitration Law Review. 2016 ; Vol. 19, No. 6. pp. 155-167.

BibTeX

@article{34a0740895e84a638767103626482830,
title = "The English Law Approach to Arbitrability of Disputes",
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. ",
author = "{Valladares Paheco de Oliveira}, Leonardo",
year = "2016",
month = dec,
day = "1",
language = "English",
volume = "19",
pages = "155--167",
journal = "International Arbitration Law Review",
number = "6",

}

RIS

TY - JOUR

T1 - The English Law Approach to Arbitrability of Disputes

AU - Valladares Paheco de Oliveira, Leonardo

PY - 2016/12/1

Y1 - 2016/12/1

N2 - 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.

AB - 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.

M3 - Article

VL - 19

SP - 155

EP - 167

JO - International Arbitration Law Review

JF - International Arbitration Law Review

IS - 6

ER -