Topic: Arbitration Act 1996

Arbitration Act 1996: Exceptions to the Rule of Confidentiality

Arbitrations seated in England, Wales or Northern Ireland are governed by Arbitration Act 1996 (“AA 1996” / “The Act”). In some circumstances, the provisions of the Act may apply to arbitrations seated outside of those jurisdictions. Indeed, the Act makes no distinction between ‘domestic’ and ‘international’ arbitrations. Therefore, the legal framework for domestic arbitrations seated in the England & Wales or Northern Ireland and international arbitrations will be the same.

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Foreign Arbitrations and the Use of Section 44(2)(a) of the Arbitration Act 1996

A previous QuickStudy explored the deep divide among the U.S. courts regarding whether 28 USC §1782’s use of “foreign tribunal” encompasses private commercial arbitration tribunals.1 The Sixth and Fourth Circuits of the United States Courts of Appeals take an expansive view of the definition.

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