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Courts strike back

By: Language: English Series: Building ; 49 4 December 1998, 58(1)Publication details: 1998Subject(s): Summary: 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".

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".