Q&As

While appreciating that the position is frequently changing, with regard to arbitration-related applications to the courts of England and Wales, how, if at all, should parties approach such applications differently in light of the impact of the coronavirus (COVID-19) on HMCTS?

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Produced in partnership with Sara Masters QC of Twenty Essex
Published on LexisPSL on 27/03/2020

The following Arbitration Q&A produced in partnership with Sara Masters QC of Twenty Essex provides comprehensive and up to date legal information covering:

  • While appreciating that the position is frequently changing, with regard to arbitration-related applications to the courts of England and Wales, how, if at all, should parties approach such applications differently in light of the impact of the coronavirus (COVID-19) on HMCTS?

While appreciating that the position is frequently changing, with regard to arbitration-related applications to the courts of England and Wales, how, if at all, should parties approach such applications differently in light of the impact of the coronavirus (COVID-19) on HMCTS?

Under the Arbitration Act 1996 (AA 1996), the courts of England and Wales have wide powers to support arbitration. These include measures to support the commencement of an arbitration or a pending reference (eg, applications to appoint arbitrators, anti-suit injunctions and other interim measures under AA 1996, s 44) and challenges/appeals or other applications after an award has been issued.

With the ever-increasing impact of coronavirus, the first question is whether a court application is necessary at all. Consistent with the policies of limited court intervention and party autonomy underpinning the AA 1996, the tribunal should be the first, and increasingly the last, port

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