½Û×ÓÊÓƵ

Article summary

Arbitration analysis: In this case, the Court of Appeal considered an appeal concerning the interpretation of an arbitral award under English law, focusing on the distinction between the dispositive and non-dispositive sections of the award. The court ultimately held that the final dispositive section contained the tribunal’s operative orders, even though language appearing earlier in the award may have suggested otherwise. The court emphasised that while form and structure are not determinative, they are significant aids to interpretation. The judgment clarifies how courts should approach arbitral awards that include a formal dispositive section, particularly where disputes arise regarding the enforceability of statements made elsewhere in the award. It reaffirms the principle that the dispositive section generally reflects the tribunal’s final and binding orders, akin to the orders giving effect to court judgments. The decision also reinforces the commercial approach courts take in interpreting arbitral awards, prioritising the tribunal’s intention and avoiding undue focus on form over substance. Written by...