On 30 September 2013, the Full Court of the Federal Court of Australia (FCAFC) rejected an appeal by Indian mining company Gujarat NRE Coke Limited (Gujarat Coke) that it had been denied procedural fairness by a LMAA tribunal that had issued an award against it. The FCAFA held that the tribunal had not denied Gujarat Coke procedural fairness and so did not breach the rules of natural justice, but that Gujarat Coke had been given a reasonable opportunity to present its case to the tribunal. In its judgment, the FCAFC referred extensively to the decision of Judge Mackie QC in the English Commercial Court (in July 2013) not to grant Gujarat Coke’s application pursuant to section 68 of the Arbitration Act 1996 (AA 1996) to have the same award set aside on the ground of serious irregularity. We discuss both decisions in the article below.
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A guide to the Arbitration Act 1996 (AA 1996)For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking enforcement of domestic or international awards in English and Welsh courts,
Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international
Arbitral awards—types, requirements and effectNote: some of the guidance in this Practice Note was developed from content originally produced in partnership with CMS.This Practice Note considers the different types of arbitration awards and their requirements where the seat of the arbitration is,
Arbitration agreements—the doctrine of separability (England and Wales)This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout). This Practice Note should be read in conjunction with Practice Note:
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