The decision of the House of Lords in Lesotho Highlands Development Authority v Impregilo provides the first decision of their Lordships as to the approach to be taken to arbitration since the Arbitration Act 1996 came into effect in 1997.
Though the case before their Lordships arose from an international arbitration under the rules of conciliation and arbitration of the International Chamber of Commerce (ICC), the decision has far-reaching ramifications for domestic arbitration as well as international arbitrations where the seat of the arbitration is in England and Wales.
