Shorter Articles, Comments, And Notes: International Arbitration And English Courts

• Published in: The International and comparative law quarterly Vol. 56; no. 4; pp. 871 - 884
• Main Author: Grant, T D
• Format: Journal Article
• Language: English
• Published: 01.10.2007
• Subjects: Arbitration; Corruption; England; International Law; Judicial Decisions
• ISSN: 0020-5893
• DOI: 10.1093/iclq/lei204

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. Adapted from the source document.