Proceedings of Arbitration

More documents

Recommendations

Info

Scott v Avery Clause A contract between two parties that they will submit any dispute between them to arbitration before taking any court action. This clause makes arbitration a condition precedent to any court action.
Scott v. Avery(1856) 10 ER 1121 “No person can oust the jurisdiction <strong>of</strong> the court, however it may be valid for the parties to provide that no action shall start until the disputed matters are put into arbitration.” If there is Scott v. Avery clause, it has been held as a valid ground for stay <strong>of</strong> court action. Such a clause will be a defence to any action brought before a court.
Page 1: Law of Arbitration DR. ZULKIFLI HAS
Page 4 and 5: Proceedings i. Appointment of arbit
Page 6 and 7: vi. vii. Closing a case - inform pa
Page 8 and 9: Commencement Date Absence of comme
Page 10 and 11: Consequence of the Expiry of a Cont
Page 12 and 13: Extension of time The consequence
Page 14 and 15: Phoenix Shipping pty v General Feed
Page 16 and 17: The Jocelyne [1977] 2 Lyod’s Rep
Page 18 and 19: Other cases Safety Insurance Compan
Page 20 and 21: Factors for Extension of Time 1) De
Page 24 and 25: WHETHER COURT HAS POWER TO IGNORE S
Page 26 and 27: Procedure The parties may name the
Page 28 and 29: Appointment by Third Party a neutr
Page 30 and 31: SOLE ARBITRATOR S 13(5) Either part
Page 32 and 33: QUALIFICATIONS OF AN ARBITRATOR Ca
Page 34 and 35: Principles of natural justice • S
Page 36 and 37: Comply with the terms of submission

Proceedings of Arbitration

Create successful ePaper yourself

Delete template?

Save as template?