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Hello Mr Mike .
‘Arbitral proceedings may be commenced where a matter is subject to arbitration , even if court proceedings have been initiated and are continuing in respect of the agreement . UN Case 57 ‘
This is a line from the BPP text book under the heading court proceedings under UNCITRAl Model Law on International Commercial arbitration , but i find it a bit confusing …
m y doubt here is that : how can a case go to court and initiate and continue court proceedings if the agreement states that it is to be resolved through arbitration ?
Thank You : )
Hi Maria
My understanding (good question!) is this: where a contract specifically states that any dispute between the contracting parties is to be settled by arbitration, then that’s how it shall be settled (Hickman v Kent or Romney Marsh Sheep Breeders Association)
But, if specificity is absent, then the dispute could be settled by court
Does that answer you?
Ok . so its based on how specific the written agreement is . Got it .
so then since aribtration can be done during court proceedings would the result of arbitration be the final decision ?Thank you so much Mr . Mike !
Hi again Maria
(I’ve never been asked this before!) My feeling is that, where arbitration decision is announced before the Court action is resolved, the court will likely see the arbitration decision as persuasive.
However, it’s also my belief that the Court would likely see itself as having the authority to overturn or amend the arbitration decision.
In summary, the Court’s decision would prevail but would be persuasively influenced by the arbitration process
OK?
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