Gross LJ began his discussion of this proposition by stating that civil justice extends beyond the courts and encompasses arbitration, with the two being mutually supportive and enjoying a 'symbiotic relationship' where the strength of one helps secure the strength of the other.
• an endorsement of the court's light-touch supervisory and accessory role in supporting arbitration under the Arbitration Act 1996 ()
• his view that the balance struck in respect of the test for appeals on points of law made pursuant to (one of the notable features of the Act) is 'broadly right', stating '[i]t is a test that properly respects party autonomy, while enabling appropriate disputes to come before the courts. Support where it is wanted and where it is needed. Otherwise, as in many other aspects of dispute resolution, party choice is respected, with an emphasis on finality, in accordance with the wishes of the parties.'
• that London arbitration reciprocates the courts' support—Gross LJ stated that the dynamism of London arbitration is a 'real strength' of legal London and of the City of London
• that English common law, particularly commercial law, has, to a significant degree, been shaped by material provided by the Commercial Court or arbitral proceedings—in a footnote, the judgestated, 'As Lord Goff memorably put it, "For the English, the characteristic commercial contract is a contract for the carriage of goods by sea."' (Lord Goff of Chieveley, The Future of the Common Law, 46 Int'l & Comp, LQ (1997) pg 751)
• the practical experience of those participating in, and hearing arbitrations is brought to bear in arguments before the courts. It also increases the skills and attractiveness of the legal profession and the judiciary, increasing the international reputation of the English courts
• that the place of international arbitration in global dispute resolution is secure
• that London arbitration 'ought' to be 'wholly unaffected' by Brexit
• whether confidential arbitration may be appropriate in certain contexts, eg the use of non-disclosure agreements in certain contexts
• that international arbitration (and investment arbitration) needs to be 'alive to international sensitivities' and be perceived as fair by the developed and developing world