Copyright (c) 2003 Syracuse Journal of International Law and Commerce
Syracuse Journal of International Law and Commerce
ARTICLE: DELOCALIZED ARBITRATION UNDER THE ENGLISH ARBITRATION ACT 1996: AN EVOLUTION OR A REVOLUTION?
30 Syracuse J. Int'l L. & Com. 49
Olakunle O. Olatawura*
This article discusses the possibility of "delocalized arbitration" under the Arbitration Act of 1996 and international arbitration institutions based in England. 1 That delocalized arbitration can take place or be enforced would to most scholars and practitioners of English and international arbitration be nothing short of a heretic revolution. 2 The hostility in England to "delocalized arbitration" is resonant all over the world. 3 The new Act on the other hand, has been described as "ambitious and all embracing" 4 and "designed to take English arbitration into the twenty first century." 5 These and many other similar comments necessitate a reappraisal, even if only for "academic" benefit. However, academic purposes are not the raison d'etre for this article. 6 To demonstrate the practical significance, we may ask the following questions: Can parties seek to enforce an arbitration agreement clause providing for delocalized arbitration? Will the court set aside an award rendered in England for being delocalized? Is there any way that delocalization can be accommodated within modern English arbitration practice? Taking that London remains a pivotal place for arbitration answers must be given. Current views on the new Act reflect the issue of delocalization with the traditional thinking in any of three ways: an uncritical acceptance of the position under old regimes as still valid, focus on the function of the court of the "seat of arbitration," and the problem connected with enforcing delocalized awards in foreign countries. None of ...
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