swarb.co.uk - law index
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: 2004 To: 2004
This page lists 49 cases, and was prepared on 03 April 2018.
Hiscox Underwriting Limited v Dixon [2004] 2 Lloyd's Rep 438; [2004] EWHC 479 (Comm)
2004
Cooke J
Arbitration, Litigation Practice
Arbitration proceedings had been commenced betweeen the parties, and an order was sought under s244. Held: Without such an order the insurers could suffer substantial losses before the arbitrator could itself make the necessary orders. The defendant argued that the power of the court was restricted to the class of case identified in section 44(3), namely to make "such orders as it thinks necessary for the purpose of preserving evidence or assets". That submission was rejected. Section 44(3) was permissive and not restrictive, and the court has jurisdiction under s44 to grant an interim mandatory injunction. The words "the court may" in 44(3) contrasted with "the court shall act only" in subsections (4) and (5). The draftsman was thought to have good reason for using of such different language and if the draftsman had intended that all three sub-sections should impose similar restrictions, he would have used the same language.
Arbitration Act 1996 44
1 Citers
Barnes and Elliot Ltd v Taylor Woodrow Holdings Ltd [2004] BLR 111
2004
Construction, Arbitration
Whether a minor failure of an arbitrator was sufficient to vitiate his decision.
1 Citers
The National Insurance and Guarantee Corporation Ltd v M Young Legal Services Ltd [2004] EWHC 2972 (QB)
2004
Arbitration
In an urgent case, the court can make an order under section 44(3) notwithstanding that it involved making at least some determination of the rights of the parties under a contract in which the parties had agreed that the determination of their rights should be submitted to arbitration.
Arbitration Act 1996 44(3)
1 Citers
Enron Corporation v The Argentine Republic ARB/01/3
14 Jan 2004
ICSID
International, Arbitration
The Barcelona Traction case "has been held not to be controlling in investment claims such as the present, as it deals with the separate question of diplomatic protection in a particular setting" and that: "what the State of nationality of the investor might argue in a given case to which it is a party cannot be held against the rights of the investor in a separate case to which the investor is party. This is precisely the merit of the ICSID Convention in that it overcame the deficiencies of diplomatic protection where the investor was subject to whatever political or legal determination the State of nationality would make in respect of its claim".
1 Cites
1 Citers
[ ICSID ]
IDE Contracting Ltd v RG Carter Cambridge Ltd [2004] EWHC 36 (TCC)
16 Jan 2004
TCC
Arbitration
Application to enforce arbitration award
Housing Grants, Construction and Regeneration Act 1996
[ Bailii ]
Peterson Far Inc v C and M Farming Limited [2002] EWHC 121 (Comm)
4 Feb 2004
ComC
Mr Justice Langley
Arbitration
Arbitration Act 1996
[ Bailii ]
Peterson Farms Inc v C and M Farming Ltd [2004] EWHC 121 (Comm); [2004] 1 LLR 603; [2004] 1 Lloyd's Rep 603; [2004] NPC 13
4 Feb 2004
ComC
Langley J
Arbitration
The claimant sought a declaration that an award made in an ICC arbitration was made without jurisdiction and void.
Arbitration Act 1996 67
1 Cites
1 Citers
[ Bailii ]
JSC Zestafoni G Nikoladze Ferroalloy Plant v Ronly Holdings Ltd [2004] EWHC 245 (Comm)
16 Feb 2004
ComC
Mr Justice Colman
Arbitration
Arbitration Act 1996 67
1 Citers
[ Bailii ]
Westminster Building Company Ltd v Beckingham [2004] EWHC 138 (TCC)
20 Feb 2004
TCC
His Honour Judge Thornton Q.C.
Arbitration, Construction
Court Service Enforcement of an adjudicator's decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999. Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether the contract varying the construction contract was enforceable or lacked consideration, the adjudication clause was not unfair and was binding on Mr Beckingham, the adjudicator's decision would be enforced and there would be judgment for Westminster in the sum claimed. This judgment was made in writing and was handed down by the court. For the purposes of paragraph 5.12 of 52PD-19 (Practice Direction - Appeals), this written judgment is to be taken as replacing an official recording and approved transcript of the judgment.
[ Bailii ]
Lincoln National Life Insurance Company v Sun Life Assurance Company of Canada and others [2004] EWHC 343 (Comm); [2004] 2 CLC 36; [2004] 1 Lloyds Rep 737
26 Feb 2004
ComC
Toulson J
Arbitration, Insurance
1 Citers
[ Bailii ]
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWHC 393 (TCC)
27 Feb 2004
TCC
Arbitration, Construction
1 Cites
1 Citers
[ Bailii ]
Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Shermanand David Sherman, Brigitte Sherman-And-Ernst Kastner [2004] EWHC 592 Ch; Times, 26 April 2004
23 Mar 2004
ChD
The Hon Mr Justice Lightman
Arbitration, Land
The parties had a dispute arbitrated by the Beth Din, who ordered the sale of a property. In apparent breach of that order the owner purported to sell the property. The claimant had registered a caution which the defendants now sought to be vacated. Held: Provisional awards by arbitrators were not directly enforceable unless the parties agreed otherwise, and such an agreement was found here. However, the parties had not agreed that the award should create any proprietary interest in or charge against the property.
Arbitration Act 1996 39(1) 48
1 Cites
[ Bailii ]
Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another [2004] EWCA Civ 314; [2005] 1 QB 202; [2004] 1 CLC 1099; [2004] 3 WLR 533; [2004] BLR 229; [2004] 2 Lloyd's Rep 179; [2004] 4 All ER 746; [2004] 2 All ER (Comm) 193
25 Mar 2004
CA
Mance VC, Carnwath, Mance LJJ
Arbitration, Litigation Practice
The word "private" in rule 39.2 means the same as "secret". Lord Justice Mance said: "It may be equated with the old 'in camera' procedure, rather than the old 'in chambers' procedure." Privacy and confidentiality are features long assumed to be implicit in parties' choice to arbitrate in England.
Arbitration Act 1996 1 - Civil Procedure Rules 39.2
1 Citers
[ Bailii ]
Torch Offshore Llc and Anr. v Cable Shipping Inc. [2004] EWHC 787 (Comm)
7 Apr 2004
ComC
Cooke The Honourable Mr Justice Cooke
Arbitration
Variation of decision
[ Bailii ]
Ritchie Brothers (Pwc) Limited v David Philp (Commercials) Limited [2004] ScotCS 94
14 Apr 2004
OHCS
Lord Eassie
Scotland, Construction, Arbitration
An arbitrator's decision was to be delivered within a certain time. That date having passed, he no longer had jurisdiction to arbitrate, and his decision was void,
1 Citers
[ Bailii ] - [ ScotC ]
Margulead Ltd v Exide Technologies [2004] EWHC 1019 (Comm)
6 May 2004
QBD
The Honourable Mr Justice Colman
Arbitration
[ Bailii ]
Halsey v Milton Keynes General NHS Trust etc; CA 11-May-2004 - [2004] EWCA Civ 576; Times, 27 May 2004; Gazette, 03 June 2004; [2004] 1 WLR 3002; [2004] CP Rep 34; [2004] 4 All ER 920; (2005) 81 BMLR 108; [2004] 3 Costs LR 393
Tonicstar Limited (Operating As Lloyd's Syndicate 1861) v American Home Assurance Company [2004] EWHC 1234 (Comm)
27 May 2004
ComC
The Honourable Mr Justice Morison
Jurisdiction, Arbitration
[ Bailii ]
Atlanska Plovidba, Atlantic Conbulk Shipping Company v Consignaciones Asturianas S.A. [2004] EWHC 1273 (Comm)
28 May 2004
Adct
The Hon Mr. Justice Moore-Bick
Transport, Arbitration
Arbitration Act 1996 18
[ Bailii ]
Carter (T/A Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd (Jamaica) Times, 29 June 2004; [2004] UKPC 29
14 Jun 2004
PC
Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Dame Sian Elias
Commonwealth, Arbitration
(Jamaica) A joint venture partnership dispute was referred to arbitration. Certain elements were appealed and remitted. One party claimed that the entire arbitration was deprived of legal effect. Held: The amended award following remittal was not a new award. In general on such a remittal, the arbitrator's powers were limited to the terms of the remission.
1 Cites
1 Citers
[ Bailii ]
Ronly Holdings Ltd. v Jsc Zestafoni G Nikoladze Ferroalloy Plant [2004] EWHC 1354 (Comm)
22 Jun 2004
ComC
Arbitration
1 Cites
[ Bailii ]
Westland Helicopters Ltd v Al-Hejailan [2004] EWHC 1625 (Comm)
9 Jul 2004
ComC
Arbitration
[ Bailii ]
Westland Helicopters Ltd v Sheikh Salah Al-Hejailan [2004] EWHC 1625 (Comm)
13 Jul 2004
QBD
The Honourable Mr Justice Colman
Arbitration, Legal Professions
Arbitration Act 1996 67
1 Citers
[ Bailii ]
United Tyre Company Ltd v Born [2004] EWCA Civ 1236
16 Jul 2004
CA
Arbitration, Costs
Arbitration Act 1996 23
[ Bailii ]
Vrinera Marine Company Limited v Eastern Rich Operations Incorporated [2004] EWHC 1752 (Comm)
21 Jul 2004
ComC
The Honourable Mr Justice Langley
Arbitration, Transport
[ Bailii ]
Asghar, Mughal, Asghar and Co (A Firm) v The Legal Services Commission, the Law Society [2004] EWHC 1803 (Ch); Times, 05 August 2004
22 Jul 2004
ChD
The Hon Mr Justice Lightman
Legal Professions, Legal Aid, Arbitration
The claimant firm of solicitors worked to provide legal assistance through the Legal Aid scheme organised by the first defendants under a general civil contract. They sought to claim for damages for what was said to be an unlawful interference in their practice. Held: The relationship was governed by the contract, and that contract provided for such disputes to be resolved by arbitration. All claims were to be stayed pending the result of that arbitration, and the arbitrator was not confined to considering the parties casues of action.
Arbitration Act 1996 6
1 Citers
[ Bailii ]
Tame Shipping Ltd v Easy Navigation Ltd [2004] EWHC 1862 (Comm); Times, 08 November 2004
28 Jul 2004
QBD
The Hon Mr. Justice Moore-Bick
Arbitration
The parties had agreed to an arbitration subject to the condition that the reasons given were not to form any basis for appeal. The reasons were published separately from the award. Held: The appeal was based upon an assertion which could only be supported by reference to the reasons. The parties were bound by their agreement, and the reasons could not be referred to.
Arbitration Act 1996 68
1 Cites
[ Bailii ]
Cameroon Airlines v Transnet Ltd. [2004] EWHC 1829 (Comm)
29 Jul 2004
ComC
Langley J
Arbitration
Arbitration Act 1996 69
[ Bailii ]
Cameroon Airlines v Transnet Ltd [2004] EWHC 1829 (Comm)
29 Jul 2004
ComC
Langley J
Arbitration
Where it is claimed that the arbitral tribunal adopted improper procedures to determine an issue, the court should decline to try the issue in order to establish whether substantial injustice has in fact been caused
Arbitration Act 1996 68
1 Citers
[ Bailii ]
Indescon Ltd v Sir Robert Ogden Cbe Lld [2004] EWHC 2326 (TCC)
20 Aug 2004
TCC
His Honour David Wilcox
Construction, Arbitration
[ Bailii ]
Maridive Vii, Maridive Xiii, Maridive 85 and Maridive 94, Owners, Masters and Crews of the Tugs v Key Singapore, Owners and Demise Charterers of the Oil Rig [2004] EWHC 2227 (Comm)
6 Oct 2004
ComC
Transport, Arbitration
[ Bailii ]
Amec Civil Engineering Ltd v The Secretary of State for Transport [2004] EWHC 2339 (TCC)
11 Oct 2004
TCC
Jackson J
Arbitration
The court affirmed an interim arbitration award as to jurisdiction in an arbitration commenced by the Secretary of State against the contractors in relation to work carried out by them on the Thelwall viaduct. The court identified seven applicable propositions.
Arbitration Act 1996 67
1 Cites
1 Citers
[ Bailii ]
NB Three Shipping Ltd. v Harebell Shipping Ltd [2004] EWHC 2001 (Comm)
13 Oct 2004
ComC
Morison J
Arbitration
Under charterparty agreements, certain disputes were to be referred to arbitration. The claimant sought to pursue a dispute before the court. Held: The lack of mutuality on the arbitration clause did not prevent its validity. The party had the right to insist on the matter being referred to arbitration, and a stay was ordered.
Arbitration Act 1996
1 Cites
[ Bailii ]
World Trade Corporation Ltd v C Czarnikow Sugar Ltd [2004] EWHC 2332 (Comm)
18 Oct 2004
ComC
Mr Justice Colman
Arbitration
Arbitration Act 1996 68
[ Bailii ]
CIB Properties Ltd. v Birse Construction [2004] EWHC 2365 (TCC)
19 Oct 2004
TCC
Toulmin J
Arbitration
[ Bailii ]
Arab National Bank v El Sharif Saoud Bin Masoud Bin Haza'A El-Abdali [2004] EWHC 2381 (Comm)
22 Oct 2004
ComC
The Honourable Mr Justice Morison
Arbitration
Arbitration Act 1996 72
[ Bailii ]
AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418; Times, 08 November 2004; [2004] EWCA Civ 1535; [2005] BLR 1
28 Oct 2004
CA
Kennedy LJ, Chadwick LJ, Dyson LJ
Construction, Arbitration, Natural Justice
Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract. Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A professional person acting as arbitrator is bound by the principles of natural justice just as would be a judge in court. However, since the appointment itself was invalid, the decision was not open to challenge on this basis. The decision of an adjudicator as to his own standing was of no effect, and therefore a party was not affected by his decision.
Housing Grants, Construction and Regeneration Act 1996
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Emcor Drake and Scull Ltd v Costain Construction Ltd and Skanska Central Europe Ab (T/A Costain Skanska Joint Venture) [2004] EWHC 2439 (TCC)
29 Oct 2004
TCC
Construction, Arbitration
Power of arbitrator to give extension of time to pay
[ Bailii ]
Newfield Construction Limited v Tomlinson, Tomlinson [2004] EWHC 3051 (TCC)
10 Nov 2004
TCC
His Honour Peter Coulson Q.C.
Arbitration
Arbitration Act 1986 6
1 Cites
[ Bailii ]
Lauritzencool Ab v Lady Navigation Inc; ComC 12-Nov-2004 - [2004] EWHC 2607 (Comm)
Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Association Company Ltd [2004] EWCA Civ 1598; [2005] 1 Lloyd's Rep 67
2 Dec 2004
CA
Lord Justice Clarke The Lord Chief Justice Of England &Amp; Wales Lord Justice Rix
Arbitration, Jurisdiction
EC Regulation 44/2001
1 Cites
1 Citers
[ Bailii ]
Trustees of the Stratfield SAYE Estate v AHL Construction Limited [2004] EWHC 3286 (TCC)
6 Dec 2004
TCC
Jackson, Mr Justice Jackson
Construction, Arbitration
The court was asked what was meant by a contract in writing under section 10. Jackson J applied RJT saying: "The principle of law which I derive from the majority judgments in RJT is this: an agreement is only evidenced in writing for the purposes of section 107, subsections (2), (3) and (4), if all the express terms of that agreement are recorded in writing. It is not sufficient to show that all terms material to the issues under adjudication have been recorded in writing."
Housing Grants, Construction and Regeneration Act 1996 107
1 Cites
1 Citers
[ Bailii ]
Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd [2004] EWCA Civ 1757; Times, 03 January 2005
7 Dec 2004
CA
Brooke LJ, Clarke LJ, Neuberger LJ
Construction, Arbitration
The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in section 111(1) to prevent a party seeking arbitration and a stay for that arbitration.
Arbitration Act 1996 9 - Housing Grants, Construction and Regeneration Act 1996 111(1)
1 Cites
1 Citers
[ Bailii ]
Sun Life Assurance Company of Canada and others v The Lincoln National Life Insurance Co [2004] EWCA Civ 1660; [2005] Lloyd's LR 606; [2006] 1 All ER (Comm) 675; [2005] 2 CLC 664
10 Dec 2004
CA
Mance, Longmore, Jacob LJJ
Arbitration
The court considered the effect of findings in one arbitration on a subsequent arbitration. The arguments being directed to res judicata. Held: Mance LJ pointed to important differences between litigation and arbitration as a consensual private affair between the particular parties to a particular arbitration agreement. The fact that, except by consent, other parties cannot be joined, and connected arbitrations cannot be heard together, meant that, "Different arbitrations on closely inter-linked issues may as a result lead to different results, even where, as in the present case, the evidence before one tribunal is very largely the same as that before the other".
Mance LJ said that even if an arbitral tribunal had power to prevent its process from being abused certain considerations would have excluded its use on the facts of the case before the court. First, it was not obviously just to allow a stranger to an arbitration to enjoy a one-sided entitlement to hold a party to an award with a concomitant right to challenge its correctness whenever it appeared favourable to do so. Second, there was no reason why the reinsurer should gain any benefit from an award to which it was not party. Third, there are important differences between arbitration and litigation. In litigation different parties can be joined and trials heard together. By contrast arbitration is a consensual process and there is no ability to join different parties or to try connected matters together save by consent. Thus different conclusions may be reached by different arbitrators on the same evidence
1 Cites
1 Citers
[ Bailii ]
Vee Networks Limited v Econet Wireless International Limited [2004] EWHC 2909 (Comm); [2005] 1 Lloyd's Law Reports 192
14 Dec 2004
QBD
Mr Justice Colman
Arbitration
The court considered a complaint that the arbitration award was faulty or lack of jurisdiction under the agreement founding it.
Arbitration Act 1996 67
1 Citers
[ Bailii ]
Taylor Woodrow Holdings Ltd and Another v Barnes and Elliott Ltd [2004] EWHC 3319 (TCC)
20 Dec 2004
TCC
Construction, Arbitration
Arbitration Act 1996 6991)
[ Bailii ]
Assimina Maritime Limited v Pakistan Shipping Corporation and HR Wallingford Limited [2004] EWHC 3005 (Comm)
21 Dec 2004
QBD
Mr Justice Colman
Arbitration
Arbitration Act 1996 43 44
Assimina Maritime Ltd. v Pakistan Shipping Corporation and Another [2004] EWHC 3005 (Comm)
21 Dec 2004
ComC
Arbitration
[ Bailii ]
Cetelem Sa v Roust Holdings Ltd [2004] EWHC 3175 (QB); [2005] 2 Lloyds Rep 494
29 Dec 2004
QBD
Arbitration
Choses in action including contractual rights are "assets" within the meaning of section 44(3).
Arbitration Act 1996 44(3)
1 Citers
[ Bailii ]
