Arbitration Law paper Essay Example | Topics and Well Written Essays - 1250 words

Arbitration Law paper - Essay ExampleFor example, percentage 1(c) stipulates in matters governed by this part the beg should non intervene except as provided by this part. Nevertheless, the Act makes several provisions for beg intervention at various stages of the proceeding. Arbitration commensurateness is an sympathy to submit to arbitration present or future disputes.6 The Arbitration Act 1996 and the Scotland equivalent, Arbitration Act 2010, take a crap several provisions with regards to requirements for a valid arbitration take forment for example, it should be in writing.7 If the agreement does not satiate any of the requirements, a company can challenge its validity in court. The court has the major power to rule on the validity of the arbitration agreement. It is crucial for courts to exercise powers with regards to the arbitration agreement, so as to stay fresh autonomy of the parties in making an agreement. The will of the parties to enter into the agreement s hould be genuine, and therefore if a party is coerced into the agreement, the court should invalidate it. Section 10(2) of the Scotland Act goes ahead and invalidates any provision in the arbitral agreement that pr all the samets the bringing of a legal action. Moreover, courts, pursuant to ingredient 7 have the power to severe an arbitration agreement from the rest of the contract where the contract is held void for some reason. In Heyman v Darwins the House of Lords held that, an arbitration agreement was not terminated by a breach of the underlying contract.8 In emir Weissfisch V. Anthony Julius, Rami Weissfisch, and Philip Davis9, the court upheld an arbitration agreement where the referee would rule on whether he has jurisdiction over arbitration, even though the party argued that the agreement was void due to fraudulent acts committed by the arbitrator. With regards to the jurisdiction of the tribunal, section 31 enshrines the competence-competence principle, whereby the tr ibunal is empowered to rule on its own jurisdiction. Section 32(1) provides that the court may, on the industry of a party to arbitral proceeding (upon notice to the other parties) determine any question as to the substantive jurisdiction of the tribunal. tribunals have been entertaining many cases of this nature. In First Options v Kaplan10 the Supreme Court ruled that clear and unmistakable evidence should be submitted by the parties as agreed to submit to the arbitrator the question of the arbitrators jurisdiction. If not, the court will determine whether or not the arbitrator had a mandate to arbitrate.11 In Paine Webber Inc. v Mohammad S Elahi, the Court of Appeals held that, unless the parties specifically agreed otherwise it was incumbent for the court to determine both jurisdictional arbitrability and subject matter it was empowered to take up. Section 7 empowers the court to stay proceedings and refer parties to arbitration if an action subject to the agreement is commenc ed. An application to the effect is make by the other party subject to taking steps in those proceeding, to answer the substantive lay claim against him.12 The law requires the court to grant a stay of legal proceeding unless it is satisfied that the arbitration agree