Validity Of Arbitration Agreement English Law
Unless the parties agree otherwise, the court may order an applicant to cover the costs of arbitration (section 38, paragraph 3); instructing on the property subject to the proceedings or on the questions that are asked in the course of the proceedings (Article 38, paragraph 4); investigate a party or witness (section 38, paragraph 5); or give instructions for the preservation of evidence (section 38, paragraph 6). If a party does not comply with a binding order of the Tribunal regarding the guarantee of costs, the Tribunal may dismiss the appeal (section 41, paragraph 6). Where a party does not comply with another order, the court may: (i) order that the late party cannot rely on allegations or documents that have been the subject of the order; (ii) to draw such negative conclusions from non-compliance, as the circumstances justify; (iii) obtain an assignment on the basis of the documents available to it; or (iv) to issue an order it deems necessary to pay the costs of arbitration caused by non-compliance (paragraph 7 of Section 41). At trial, the judge relied on the decisions of Cruz City Mauritius Holdings/Unitech Limited  EWHC 3704 (Comm) and DTEK Trading SA/Morozov  EWHC 94 (Comm), in which it was determined that Section 44 as a whole contained no power to issue an order against a party to arbitration. In these cases, it was argued that the wording of certain subsections in Section 44 indicated that they could only be effective between the parties to the arbitration (e.g.B. subsections 4, 5, 6 and 7). Therefore, the assertion that other subsections, in the absence of contrary expression, could be effective with third parties is an unattractive conclusion. Accordingly, the trial judge in this case dismissed the application for recitals 44 (2) (a). In C-185/07, Allianz SpA v. West Tankers Inc.,1 AC 1138, the European Court of Justice has ruled: That Regulation 44/2001 (the Brussels Regulation I) does not allow the courts of one Member State to order the detention of proceedings in another Member State European Union in violation of an arbitration agreement (see also Nori Holdings Ltd/Bank Otkritie Financial Corporation  EWHC 1343 (Comm), which confirms that West Tankers is a right of law.