Introduction

I draw your attention to a recent judgment in the English High Court by Mr Justice Colman, a strong supporter of arbitration (and mediation - refer Cable & Wireless v IBM) where the appellant tried two wholly new grounds of attack i.r.o. s.69 Arbitration Act 1996 (appeals on questions of law) and the Judge dismissed both. In brief: English law does not require that an exclusion agreement (i.e. one excluding the right to appeal under s.69) be set out on the face of the arbitration clause and it can be incorporated by reference; such an ...