Journal article
Arbitration and abuse of process: Michael Wilson & Partners Ltd v Sinclair
- Abstract:
- If party A claims in legal proceedings against C, on a basis which has been decided against A in arbitration proceedings between A and B, does this amount to an abuse of process? In Michael Wilson & Partners Ltd v Sinclair & Anor , 1 the English Court of Appeal considered this issue and found that while a prior arbitral award could form the basis of an abuse of process (even where the parties were not identical), the exacting test which had to be satisfied had not been met on the facts.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
-
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(Preview, Accepted manuscript, pdf, 250.9KB, Terms of use)
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Authors
- Publisher:
- Sweet and Maxwell
- Journal:
- Civil Justice Quarterly More from this journal
- Volume:
- 36
- Issue:
- 3
- Pages:
- 281-281
- Publication date:
- 2017-07-01
- Acceptance date:
- 2017-04-05
- ISSN:
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0261-9261
- Language:
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English
- Keywords:
- Pubs id:
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1324489
- Local pid:
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pubs:1324489
- Deposit date:
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2023-01-19
- ARK identifier:
Terms of use
- Copyright holder:
- Sweet and Maxwell
- Copyright date:
- 2017
- Notes:
- This is a pre-copyedited, author-produced version of an article accepted for publication. The definitive published version is available online on Westlaw UK.
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