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Arbitration weekly highlights: England & Wales cases on non-signatories and award security; CJEU on imposed arbitration; Singapore pre-conditions; NAI/UNCITRAL updates; events and webinars—22 February 2024

Published on: 22 February 2024

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In this issue:

  • Arbitration under the Arbitration Act 1996
  • Arbitration in England & Wales
  • International arbitration
  • Institutional and ad hoc arbitration
  • Other ADR and arbitration-related news
  • Webinars
  • New Law Journal
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Arbitration under the Arbitration Act 1996

High Court—binding non-signatory third parties—arbitration agreements

In Mariana v BHP Group (UK) Ltd [2023] EWHC 3281 (TCC), Vale, a third party, invoked section 9 of the Arbitration Act 1996 seeking a stay of Part 20 proceedings issued against it by the defendants, BHP. The court found the application was not an abuse of process, but nevertheless refused it on the merits. Vale did not establish that BHP was bound by the arbitration clause in the underlying Shareholder Agreement, nor that the provision should be construed broadly. See News Analysis: To bind or not to bind? High Court evaluates binding non-signatory third parties to arbitration agreements (Mariana v BHP Group (UK) Ltd), by Andrew Stafford KC, partner at Kobre & Kim (UK) LLP, and Alexandria Williams, associate at Kobre & Kim (UK) LLP...

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