Download Scope of the Law of Arbitration - Lecture Slides - Law of Arbitration - Lecture Slides and more Slides Islamic Law in PDF only on Docsity! Law of Arbitration Docsity.com Content Scope and Limits of Arbitration Competency to refer to arbitration Effect of Arbitration Alteration and Amendments to arbitration agreement Frustration and Abandonment Docsity.com COMPETENCY TO REFER TO ARBITRATION i) Minors A minor could make submission to arbitration ii) Mentally Disordered Person Maybe bound by a submission to arbitration unless incapable of contracting to the knowledge of the other party iii) Bankrupt He is competent to submit to arbitration but he cannot affect the right of his creditors Docsity.com Effect of Arbitration Agreement Irrevocable and Enforceable The arbitral tribunal appointed by virtue of an AA is, unless a contrary intention is expressed in the AA, irrevocable except by leave of the HC. Docsity.com Death of a Party AA is not discharged by the death of any of the parties but will in that event be enforceable by or against the personal representative of the deceased. S 34 (4) Personal Rep: the executor, or administrator of a deceased person. Personal rep of the deceased may enforce the agreement. Docsity.com Unilateral Election to Arbitrate Mutual right to refer to arbitration. Baron V Sunderland Corp [1966] 2 QB 56 Principle of mutuality is essential ingredients of an arbitration Swee Pte Ltd v Lim Kian Chai [1983] 1 mlj 353 Arbitration clause permitted only the Pt to invoke the arbitration clause and that recourse was not available to the dt. The court held that the clause was unfair. Docsity.com AMENDMENT AND ALTERATION Arbitration agreement can be amended and altered on the following conditions: i)Consent of the parties; and ii)Before the arbitrator makes his award iii) in writing iv) signed by the parties Docsity.com Termination of Proceedings Can be revoked with the consent of all parties No one party may unilaterally revoked the agreement S34- shall order the termination:- The claimant withdraws the claim The parties agree on the termination Become unnecessary or impossible Docsity.com Frustration and Abandonment Frustration: legal termination due to unforeseen circumstances Abandonment: Relinquishment or renunciation of an interest, claim, possession and etc. conduct of a party may indicate that he has no interest in the idea of arbitration Such conduct must be clearly demonstrated by the party who intend to repudiate the contract Docsity.com Frustration Bremer Vulkan’s case [1981] AC 909 House of Lords Bremer V is the P. They build 5 bulk carriers for D and was delivered to D. Arbitration proceedings contemplated by D 5 years after the last vessel was delivered and proceedings started 15 years after completion of the contract. The P sought an injunction restraining D from proceeding with arbitration on the ground of delay. Docsity.com Held: Both D and P were under obligation to keep the arbitration moving. P has done nothing to prevent the delay, both are equally responsible for the delay. Any failure to apply to arbitrator to end the delay makes both parties in breach of their contractual obligations. Unless there is misconduct, the court will not interfere with the AT’s discretion in dealing with the procedure and evidentially matters. Docsity.com
