Courts strike back
Street, G.
Courts strike back - 1998 - Building 49 4 December 1998, 58(1) .
Examines why despite the reforms of the Arbitration Act 1996, there is a continuing move away from a commitment to arbitration clauses, to opt for litigation through the courts. Discusses the recent HL decision in "Beaufort Developments Ltd v Gilbert-Ashe and others" which concluded that courts have the same powers as arbitrators when reviewing claims, overruling the decision in "Northern RHA v Crouch".
ARBITRATION ACT 1996
BEAUFORT DEVELOPMENTS LTD V GILBERT-ASHE AND OTHERS
DISPUTES
LITIGATION
NORTHERN REGIONAL HEALTH AUTHORITY V CROUCH
Courts strike back - 1998 - Building 49 4 December 1998, 58(1) .
Examines why despite the reforms of the Arbitration Act 1996, there is a continuing move away from a commitment to arbitration clauses, to opt for litigation through the courts. Discusses the recent HL decision in "Beaufort Developments Ltd v Gilbert-Ashe and others" which concluded that courts have the same powers as arbitrators when reviewing claims, overruling the decision in "Northern RHA v Crouch".
ARBITRATION ACT 1996
BEAUFORT DEVELOPMENTS LTD V GILBERT-ASHE AND OTHERS
DISPUTES
LITIGATION
NORTHERN REGIONAL HEALTH AUTHORITY V CROUCH