King & Spalding
6 Experts
1 Contributions by King & Spalding
PRACTICE NOTES
Challenges and appeals for error of law against arbitral awards to the court under sections 67, 68 and 69 of the Arbitration Act 1996 (AA 1996)
Such proceedings can markedly slow down enforcement and, at times, jeopardise an award creditor’s prospects of recovering on the award, by prolonging the process and creating hurdles to collection. Indeed, some losing parties may invoke AA 1996, ss 67–69 precisely to achieve that outcome. Such tactics obstruct swift realisation of the award and delay payment. Accordingly, the English and Welsh court’s ability to require security equal to the award (AA 1996, s 70(7)) and security for costs (AA 1996, s 70(6)) for any challenge or appeal are vital measures every respondent ought to evaluate. When used in the right circumstances, the s 70 security regime can spare parties significant time and expense. This Practice Note addresses the English
Arbitration
1 Contributions by King & Spalding Experts
PRACTICE NOTES
Class action litigation has long been a fixture of US courts, its modern trajectory often linked to the US Supreme Court’s decision in Green Tree Financial Corp v Bazzle, 539 U.S. 444 (2003) (Bazzle). US case law recognises that class disputes may proceed in arbitration where an arbitration agreement allows it. Persistent uncertainties remain, however, about what amounts to consent to class arbitration and whether that gateway issue is for a court or an arbitral tribunal to decide. Nevertheless, several prominent arbitral institutions have introduced rules addressing class arbitration. Note: the US judgments mentioned in this Practice Note are not reported by LexisNexis UK.
What is class action dispute resolution?
Class actions were created to manage alike claims held by many claimants within a single proceeding. A representative plaintiff brings the case on behalf of others in comparable positions and applies to the court to
Arbitration
If you expected to see yourself on this page, click here.
