Musings of a busy mind

The existing multi-tiered disputes resolution procedures do not promote early and sensible resolution of disagreement, and the termination procedures are out of step with commercial reality.

The High Court, in Linco Properties v Townhouse Motel, has usefully added to the jurisprudence in relation to article 8 of the Arbitration Act 1996 by holding that a refusal to pay rental arrears is not a "dispute" which would warrant a stay.

Under the Model Law, the parties are free to choose the law applicable to their dispute. The Courts have recognised three distinct aspects to which the law applies - the law of the contract (applicable to the substance of the dispute), the procedural law of the seat (the curial law) and the law applicable to the arbitration agreement (governing validity). Not all are the same.