‘An Analysis Of Topical Legal Issues Arising In Recent Arbitration Cases’

This webinar will be of interest to colleagues seeking to learn about the law and practice of arbitration by considering recent Irish authorities on the subject.

This 1-hour presentation reviews five recent Irish High Court cases grappling with important substantive legal principles arising in and relevant to the practice of domestic and international commercial arbitration.

Karl Shirran BL guides us through recent Irish authorities on the subject, with particular focus on the interpretation of the foremost articles of the UNCITRAL Model Law on International Commercial Arbitration 1985, as adopted in this jurisdiction by section 6 of the Arbitration Act 2010.

Key Takeaways From These 5 Cases:

Case 1:

This case examines Article 8 of the UNCITRAL Model Law (hereinafter “UML”) in considerable detail. Article 8 of the UML is one of the primary articles relevant to considering how an arbitral agreement or clause applies in practice.

The questions explored in this case include:

• What constitutes an arbitral agreement between parties?
• When is a party precluded from bringing an application to refer to arbitration?
• Whether an arbitration agreement is null, void, inoperative or incapable of being
  performed?

Case 2:

This case also considers Article 8 of the UML in the following context:

• Did the Defendant repudiate the arbitral agreement by bringing summary
  proceedings?
• Was the arbitration incapable of being performed?

Case 3:

This case also considers Article 8 of the UML, and it deals with questions like:

• Whether the application to refer to arbitration took place “not later than” the “first
  statement on the substance of the dispute”?
• Does delay prevent an application to refer being made?
• When does a “dispute” exist between parties?

Case 4:

This case concerns an application pursuant to Article 16 of the UML, and addresses issues such as:

• When does a specific issue sought to be advanced by one party exceed the
  arbitrator’s jurisdiction?
• What is the standard of review in such cases?
• How should a notice to refer be interpreted?
• How is the scope of the dispute defined?

Case 5:

This case involves an application under Article 34(2)(a)(iii) to set aside an arbitral determination based on deciding a matter beyond what was contemplated by the parties and properly submitted to arbitration. It also looks at the question of:

• Is an appeal from arbitration allowed on an alleged error of law?

Speaker

Karl Shirran BL is a Dublin based practicing barrister in the Law Library. He has a civil practice focused on disputes involving company, commercial, and chancery issues, with a particular interest in arbitration.

Karl is Secretary to the British and Irish Commercial Bar Association (BICBA - https://www.bicba.com/, and he regularly gives Continuous Professional Development lectures and contributes to various academic journals and professional publications.

Category of CPD:	Category A (General)
Duration:	1.1 Hours