James Hayton

LK Law LLP

James Hayton leads the arbitration practice at LK. He has extensive experience with resolving disputes through commercial litigation and international arbitration, across a variety of industries, including financial services, professional services and the art world. He has handled arbitrations under the LCIA, ICC, ICSID and UNCITRAL rules, as well as ad hoc arbitrations, and has also seen the process from the Tribunal’s point of view as Secretary of the Tribunal. James has been published in leading journals on topics in international arbitration and civil procedure. He is a contributor to Arlidge, Eady & Smith on Contempt (5th ed., Sweet & Maxwell) on breaches of civil orders and undertakings. James founded the University of Cambridge’s alumni arbitration association (CamARB) and also chairs the Balkan Arbitration Conference, the first and leading arbitration conference for the Balkan region as a whole.

Practice Area

Arbitration

Panel

Contributing Author

Qualified Year

2006

Experience

Bank of Nova Scotia (2013 - 2015)
Kirkland & Ellis (2006 - 2013)

Membership

Chartered Institute of Arbitrators
LCIA YIAG & European Users’ Counsel
CamARB (University of Cambridge Alumni Arbitration Law Association)
Balkan Arbitration Conference (Chairman)

Qualifications

MA (Cantab.) (2006)
BA Hons. (Cantab.) (2003)

Education

University of Cambridge (2003 (MA 2004))

2 Contributions by James Hayton

PRACTICE NOTES

Third party rights and arbitration: the Contracts (Rights of Third Parties) Act 1999, conditional benefit, Nisshin v Cleaves, Blue Sky, and drafting (England and Wales)

Contract (Right of Third Parties) Act 1999 and arbitration This Practice Note examines the effect of the Contract (Right of Third Parties) Act 1999 (C(RTP)A 1999) on arbitration, in particular, and more generally, with emphasis on the settled rule that only signatories to an arbitration agreement can be bound, take part in the proceedings, and be subject to any arbitral award. It also addresses the conditional benefit principle. The Note surveys the leading authorities Nisshin Shipping Co Ltd v Cleaves and Fortress Value Recovery Fund v Blue Sky Special Opportunities Fund. The subject is also described as privity of contract in international arbitration, the interaction between C(RTP)A 1999 and arbitration, and third parties and arbitration. Under English common law, the orthodox privity doctrine provides, broadly, that only those party to a contract have rights under it and only those parties bear liabilities under it. As an arbitration agreement is contractual in nature, it follows that, at common law, only those who consented to arbitrate can be compelled by it or can rely upon it...

Arbitration

CHECKLISTS

Arbitration clauses and third party rights: checklist under the Contracts (Rights of Third Parties) Act 1999 and Arbitration Act 1996 (England and Wales)

This Checklist To be read together with the Practice Note entitled Arbitration and the Contracts (Rights of Third Parties) Act 1999. It highlights key matters to assess when deciding whether arbitration clauses within contracts also bind a third party under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999): Does the relevant contract expressly disapply the C(RTP)A? Many commercial agreements expressly exclude the C(RTP)A 1999 Is the contract expressly subject to English law? If English law does not govern, then the C(RTP)A 1999 may not apply to the contract If the contract is not governed by English law, but the arbitration clause is, the C(RTP)A 1999 may nevertheless apply to the arbitration agreement (see eg AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC) Also, check the date of the contract...