Fourth Issue of 2007’s International and Comparative Law Quarterly
- TD Grant, International Arbitration and English Courts:
The Court of Appeal, Civil Division, Longmore LJ, on 24 January 2007 handed down a decision in Fiona Trust v Privalov which clarifies the relation between sections 9 and 72 of the Arbitration Act 1996; affirms, again, in strong terms the separability (or severability) of an arbitration clause from the contract in which it is included; and, apparently for the first time in English courts, establishes that allegations of bribery may be subject to the jurisdiction of an arbitrator. The decision therefore holds interest in relation to the enforcement in the United Kingdom of agreements to arbitrate and, more generally, supports the position that arbitration has a role to play in international efforts to combat corruption.
- Gilles Cuniberti, The Liberalization of the French Law of Foreign Judgments (see our dedicated post here);
- Andrea Schulz, The Accession of the European Community to the Hague Conference on Private International Law.