In Opinion 1/17, the CJEU was called upon to comment upon the compatibility of the CETA framework for the resolution of disputes with the autonomy of the EU legal order. The Opinion is of wider significance than just to CETA-related disputes. It effectively provides guidance as to when the CJEU might consider a treaty of its nature to compromise the EU legal order.
This is a timely High Court decision providing a useful summary of the case law relating to the scope of section 67 and 68 challenges. One of a string of recent judgments applying these important tools in the Arbitration Act 1996 arsenal.
Considering an appeal under section 69 of the Arbitration Act 1996, the High Court was required to pay attention to the detail of two exclusion clauses. The dispute arising from the capture of a carrier by Pirates in the Arabian Sea, led the court to a construction of a term differently from the arbitral tribunal.
When might a delay to the issuing of an arbitration award be a grounds for challenge under section 68 of the Arbitration Act 1996? The judgment of Sir Jeremy Cooke considers the matter in brief but pertinent comments that will be of interest to any practitioner awaiting the issuance of a delayed award.
Extensions of time and section 67 challenges – a helpful reminder of the principles and how the courts are likely to apply them to the facts of any given case. The judgment also includes a very useful summary of the length of time taken to bring such an application in the key cases dealing with the point.
The Arbitration Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.