Whether you are a regular user of arbitration, a default user of your local courts or pick and choose a forum depending on the deal, it always pays to take a cold look at those choices. Do they still work for you? Will they work in the future when a dispute arises? Have you taken into account developments in law and current best practice?

Today is the day to review your dispute resolution (DR) provisions. Why? We give you 5 good reasons.

With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes.

We identified 6 key developments in arbitration case law in England from the last 6 months. In Part 1 of the two-part post, we explained how:

1.  The English Court will determine the applicable law to an arbitration agreement and hold parties to their bargain by enforcing such arbitration agreements …

2.  …But only where clearly drafted. The Courts will not save a party from competing clauses.

3.  The English Court limits when a non-party can rely on arbitration agreements.