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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Arbitration - From: 2000 To: 2000

This page lists 30 cases, and was prepared on 03 April 2018.


 
 Pacol Ltd v Joint Stock Co Rossakhar; 2000 - [2000] 1 Lloyds Rep 109
 
Griffin v Midas Homes Ltd (2000) 78 Con LR 152
2000

Judge Humphrey LLoyd QC
Arbitration, Construction
In respect of part of their claim in an adjudication, the claimants failed to comply with the requirements of paragraph 1(3) of the statutory scheme for construction contracts which formed an implied term of the contract between the parties. That failure consisted of a lack of clarity in the notice of adjudication. Held: As to that part of the claim, the adjudicator did not have jutisdiction. An adjudicator was held to have had authority to decide some of the questions put before him, but not others. Only the party that sought adjudication was liable for the adjudicator's fees, expenses and costs in so far as they related to the matters which were outside the adjudicator's jurisdiction.
1 Citers


 
Harbour General Works Ltd v Environment Agency [2000] 1 Lloyd's Rep 65
2000


Arbitration

1 Citers


 
Lobb Partnership Limited v Aintree Racecourse Company Limited [2000] 1 Building Law Reports 65
2000

Colman J
Construction, Arbitration
A clause in an agreement provided that disputes might be be dealt with by arbitration but shall otherwise be referred to the English Courts. Held: Each party had a right of election for arbitration. "The English courts have consistently taken the view that, provided that the contract gives a reasonably clear indication that arbitration is envisaged by both parties as a means of dispute resolution, they will treat both parties as bound to refer disputes to arbitration even though the clause is not expressed in mandatory terms."
1 Citers


 
China Shipbuilding Corporation v Nippon Yusen Kabukishi Kaisha and Another [2000] EWHC 211 (Comm)
11 Jan 2000
ComC
Thomas J
Arbitration

[ Bailii ]
 
Homer Burgess Ltd v Chirex (Annan) Ltd Times, 25 January 2000; [1999] ScotCS 264
25 Jan 2000
OHCS
163696
Arbitration, Scotland, Construction
Although an adjudicator's decision would normally be binding on the parties pending an appeal, that was not the case where the mistake alleged was as to his jurisdiction. In such cases the decision was reviewable, and was ineffective as a decision under the Act.
Housing Grants Construction and Regeneration Act 1996 108
1 Cites

[ Bailii ] - [ ScotC ]
 
Ahmad Al-Naimi (T/a Buildmaster Construction Services) v Islamic Press Agency Incorporated Times, 16 March 2000; [2000] EWCA Civ 17; [2000] 1 Lloyd's Law Reports 522
28 Jan 2000
CA
Waller LJ
Arbitration
The court has an inherent power to stay proceedings. The court could refer a matter to arbitration where there was an arbitration clause, but could also do so under its inherent discretion, where this was not quite clear, but it was clear that good sense and proper management of litigation would suggest such a referral. Although there remained a risk that the matter could come back to the court because of the question about the Arbitrator's jurisdiction, in this case that remained unlikely.
Waller LJ observed: "a stay under the inherent jurisdiction may in fact be sensible in a situation where the Court cannot be sure of those matters but can see that good sense and litigation management makes it desirable for an arbitrator to consider the whole matter first."
Arbitration Act 1996 9
1 Citers

[ Bailii ]
 
F W Cook Ltd v Shimizu (Uk) Ltd [2000] EWHC Technology 152
4 Feb 2000
TCC

Construction, Arbitration
court-service This was an application under Part 24 of the CPR to enforce an adjudicator's decision given pursuant to the TecSA Rules, version 1.2. The defendant had paid what it considered was due. The questions turned on the meaning to be given to the notice of adjudication or letter of referral and to the decision itself (and on whether the decision might have been outside the jurisdiction of the adjudicator). For the reasons that appear from the judgment the application was dismissed.
[ Bailii ]
 
Cleveland Structural Engineering (Hong Kong) Ltd v Advanced Specialist Treatment Engineering Ltd Times, 07 February 2000; [2000] 1 WLR 558; [2000] 2 All ER (Comm) 189
7 Feb 2000
ComC
Colman J
Arbitration, Litigation Practice
An arbitration claim is said to be commenced when the claim is filed, and not when served. Because of this the respondents to an appeal in such proceedings were to be allowed to see the papers filed in support of an application for leave to appeal, as persons who were an interested party in such an application.
ComC Circumstances in which there may be inspection of arbitration claim forms filed in the Commercial Court Registry which have not yet been served on the respondent. Application of CPR 5-4(1) and (2).

 
Irvani v Irvani Times, 10 February 2000
10 Feb 2000
CA

Arbitration, Natural Justice
An arbitration award should be refused where a party could show that he had not been allowed to present his case properly. The claimant had acted as a litigant in person. The judge hearing the appeal had refused to hear certain aspects of the case, but those aspects revealed cases coming under the heading of making the party 'unable to present his case'. Some of the findings suggested that she had taken into account matters not disclosed to the applicant.
Arbitration Act 1996 103(2)(c)


 
 Inco Europe Ltd and Others v First Choice Distributors (A Firm) and Others; HL 10-Mar-2000 - Times, 10 March 2000; Gazette, 23 March 2000; [2000] UKHL 15; [2000] 1 WLR 586; [2000] CLC 1015; (2000) 2 TCLR 487; [2000] 1 All ER (Comm) 674; [2000] 2 All ER 109; [2000] 1 Lloyd's Rep 467; 74 Con LR 55; [2000] BLR 259
 
Marc Rich Agriculture Trading Sa v Agrimex Ltd Gazette, 18 May 2000; Times, 26 April 2000; [2000] EWHC 193 (Comm)
6 Apr 2000
ComC
Langley J
Arbitration
A standard GAFTA form agreement provided for a reference to arbitration to be requested within 90 days of the dispute arising. An invoice was delivered but left unchallenged. Only when a final ultimatum was delivered did the buyers serve notice requiring arbitration. The time the dispute arose was not specified in the agreement. It had to be interpreted according to the facts, contract and circumstances of the case. It might be before the invoice was issued or at any other time, though time would nornally run from the date of the invoice in any event. In this case, the Board had asked the wrong question referring to the last dispute to have arisen, and not asking whether there had been any earlier dispute. The matter was remitted to the Board since this question had not been formally put to it.
Grain and Feed Trade Association Arbitration Rules 2.2
[ Bailii ]

 
 Vale Do Rio Doce Navegacao SA and another v Shanghai Bao Steel Ocean Shipping Co Ltd and Others; QBD 14-Apr-2000 - Times, 16 May 2000; [2000] 2 All ER (Com) 70; [2000] EWHC 205 (Comm); [2000] 2 Lloyd's Rep 1
 
Hussmann (Europe) Ltd. v Al Ameen Development and Trade Company and others [2000] EWHC 210 (Comm); [2000] 2 Lloyd's Rep 83
19 Apr 2000
ComC

Arbitration

1 Citers

[ Bailii ]
 
Herschel Engineering Ltd v Breen Property Ltd Times, 10 May 2000
10 May 2000
QBD

Arbitration, Local Government, Construction
A decision of an adjudicator given under the section was not final. It was not in the nature of an arbitration and therefore an appeal against the adjudication did lie to the County Court. A court would not normally allow the same issue to be determined both by the arbitrator and a court, but an adjudication could typically be challenged itself by an arbitration, or by a court, or otherwise as by agreement.
Housing Grants Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998 (1988 No 649)

 
A T and T Corporation and Another v Saudi Cable Co Times, 23 May 2000; [2000] EWCA Civ 154
23 May 2000
CA
Lord Woolf MR, Potter, May LJJ
Arbitration, Natural Justice
The test as to whether an arbitrator should declare an interest before adjudicating is the same as the test for a judge, namely whether there was any real danger that he was biased. The Act allowed a court to investigate whether a breach had occurred. Here the adjudicator had been a director of a company which had failed in a bid for the same contract out which arose the dispute at issue. The consensual nature of arbitration did not require a different test.
Arbitration Act 1996 23 - International Chamber of Commerce Rules of Conciliation and Arbitration 1988
1 Cites

[ Bailii ]

 
 Henry Boot Construction (UK) Limited v Malmaison Hotel (Manchester) Limited; CA 25-May-2000 - Times, 31 August 2000; [2000] EWCA Civ 175; [2001] QB 388

 
 Stiell Ltd v Riema Control Systems Ltd; IHCS 28-Jun-2000 - Times, 28 June 2000
 
Ernest John Fifield and Another v W and R Jack Limited [2000] UKPC 27; Appeal No 11 of 1999
29 Jun 2000
PC
Lord Browne-Wilkinson, Lord Cooke of Thorndon, Lord Clyde, Lord Hobhouse of Woodborough, Mr. Justice Henry
Commonwealth, Arbitration, Landlord and Tenant
PC (New Zealand) The tenants sought an extension of time to take their rent review to arbitration. The Landlords appealed a grant of leave. Held: The grant of leave was discretionary where the court found undue hardship. The appeal was dismissed. The appellants conduct was consistent only with having foregone their right to insist on strict compliance with the time limit imposed.
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Thyssen inc v Calypso Shipping Corporation SA Gazette, 06 July 2000; Times, 17 August 2000
6 Jul 2000
QBD

Transport, Arbitration
A claim had been brought in the US, in respect of damage to materials being carried on board a ship. The claim was begun within the one year limit, but the respondents had the US action stayed after the one year, by virtue of a breach of the arbitration clause. The claimant sought to renew the application in London, but failed. Held: The time limit had passed, and the action which had been stayed could not count as having begun proceedings because the way in which it came to an end meant it was no longer valid and effective.

 
Weldon Plant Ltd v The Commission for the New Towns [2000] EWHC Technology 76; (2000) BLR 496
14 Jul 2000
TCC
His Honour Judge Humphrey Lloyd Qc
Arbitration
The mere fact that there was an error in the arbitration award which was unfair to a party did not mean that there must have been a failure to comply with Section 33 of the Act and therefore a serious irregularity for the purposes of Section 68(2)(a).
Arbitration Act 1986 33 68(2)(a)
1 Citers

[ Bailii ]
 
R, Durtnell and Sons Ltd v Secretary of State for Trade and Industry Times, 21 July 2000
21 Jul 2000
QBD

Arbitration
When a party applies to the court to appoint an arbitrator, after some long delay, the court should consider whether first the dispute was likely to be resolved by the arbitration process, and second whether the delay was undue. The Act was intended to assist the process of arbitration, and should be used accordingly. In this case both the request for arbitration and the application remained within the limitation period.
Arbitration Act 1996 18

 
Britten Norman Ltd (In Liquidation) v State Ownership Fund of Romania and Another Gazette, 27 July 2000; Times, 03 August 2000
27 Jul 2000
ChD

International, Arbitration
A letter of guarantee specified no place of payment. The debtor's obligation to seek out the creditor had no relevance in this situation, and the stipulation of an account in Romania for the payment was merely administrative. The obligation to pay crystallised only when the demand was made in accordance with the contract, and the place for payment was the place where the demand was made.


 
 Lafarge Redlands Aggregates Limited (Formerly Redland Aggregates Limited) v Shephard Hill Civil Engineering Limited; HL 27-Jul-2000 - Gazette, 17 August 2000; Times, 11 August 2000; [2000] UKHL 46; [2000] 1 WLR 1621
 
Discain Project Services Ltd v Opecrime Development Ltd [2000] BLR 402
1 Aug 2000
TCC
Honour Judge Bowsher QC
Construction, Arbitration
The applicant sought leave to defend the enforcement of an arbitration award. Held: The adjudicator had accepted oral and written communications with one party, from which the other party was excluded. This was such a serious breach of the rules of natural justice, that the court ought not to give summary judgment enforcing the award. Leave to defend given: “the adjudicator has to conduct the proceedings in accordance with the rules of natural justice or as fairly as the limitations imposed by Parliament permit”.
1 Citers


 
Bouygues (Uk) Ltd v Dahl-Jensen (Uk) Ltd (In Liquidation) Times, 17 August 2000; Gazette, 14 September 2000; [2000] BLR 522
17 Aug 2000
CA
Chadwick LJ
Construction, Arbitration, Commercial, Insolvency
When the decision of an adjudicator was challenged, the court should ask whether the adjudicator had either asked the right question but in the wrong way, or whether he had even answered the wrong question. The procedure was intended to provide a quick and summary disposal, but that procedure might not be appropriate in cases involving insolvency of one party and or cross claims. Any creditor who owes a debt to an insolvent company, no matter how long overdue, may set off that debt in full against his own claim in the liquidation.
Housing Grants Construction and Regeneration Act 1996 108
1 Cites

1 Citers


 
Dubai Islamic Bank Pjsc v Paymentech Merchant Services Incorporated [2000] EWHC 228 (Comm); [2001] 1 LLR 65
27 Oct 2000
ComC
Aikens J
Arbitration
The court was asked "how should the court apply section 3 when determining what is the "juridical seat of the arbitration", if neither the parties to the arbitration agreement nor any arbitral or other institutions have designated the "seat" of the arbitration? In particular the question arises: is there a particular point in time during the arbitral process at which the court should consider "all the relevant circumstances" in order to determine the "juridical seat of the arbitration"? If I conclude that the "seat" of the arbitration is England, then the second question is: how should the court approach an application for an extension of time in which to make an application for permission to appeal an arbitration award, under section 80(5)?"
[ Bailii ]
 
Navigation Maritime Bulgare v Rustal Trading Ltd (the Ivan Zagubanski) [2000] EWHC 222 (Comm); [2002] 1 Lloyd's Rep 106; [2002] 1 LLR 106
16 Nov 2000
ComC
Aikens J
Jurisdiction, Arbitration
The court was asked whether an application to the Court for an anti-suit injunction to enforce an English arbitration clause falls within Article 1(4) of the Brussels and Lugano Conventions, which excludes "arbitration" from their scope.
[ Bailii ]
 
Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc Gazette, 07 December 2000; Times, 24 November 2000
24 Nov 2000
QBD

Arbitration, International
The place of arbitration, the juridical seat, was necessarily and inherently established at the time when an arbitration began, and could not subsequently be moved, save with the consent of the parties. Until the point where the arbitration commenced, the juridical seat could be established as required under the Act by looking at all the circumstances, but to allow it to be reviewed and changed after commencement would allow it to become peripatetic.
Arbitration Act 1996 67 68 69

 
Cuflet Chartering v Carousel Shipping Co Ltd [2000] EWHC 200 (Comm)
21 Dec 2000
ComC

Arbitration
Application to set aside award for serious irregularity.
Arbitration Act 1996 68
[ Bailii ]
 
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