The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
A buyer of a Rolls-Royce motor chassis agreed for a body to be built upon it by a fixed date. The body was not completed by that date, but after pressing for delivery, he gave a notice that unless delivery of the car with a completed body was . .
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There was no power to remit a case to an arbitrator after a later court decision decision which showed that the law applied by the arbitrator was wrong. The arbitrator’s award was on the basis that a new lease should contain a rent review, but the basis was not followed in British Gas. The judge … Continue reading Arnold and Others v National Westminster Bank Plc: CA 14 Mar 1994
Award made without parties comment on evidence – set aside as misconduct. Citations: Gazette 16-Feb-1994 Statutes: Arbitration Act 1950 22 Jurisdiction: England and Wales Arbitration Updated: 04 June 2022; Ref: scu.82939
Where an arbitrator made a mathematical error in his decision, that error was one of fact or law, and it was not possible for the high court to remit the case to the arbitrator for re-consideration. The old section’s ambit is too narrow to permit this. ComC Award – attacked for error in arithmetic in … Continue reading Danae Air Transport Sa v Air Canada: ComC 8 Feb 1999
Disputes arose from the carriage of two cargoes of copra from the Philippines to Europe in the vessels Ross Isle and Ariel. The disputes were referred to the same arbitrator and heard together, but with separate awards. After the hearing the owners asked the arbitrator to state his award in relation to the charterers’ counterclaim … Continue reading Intermare Transport GmbH v International Copra Export Corporation (The ‘Ross Isle’ and ‘Ariel’): ChD 1982
The failure or emphatic refusal by a company to pay the wages under the contract as agreed would normally amount to a fundamental breach and repudiation of the contract, which would allow the employee to act on the basis that he had been constructively dismissed. Nourse LJ, Judge LJ, Tuckey LJ Times 25-Jan-1999, Gazette 17-Feb-1999, … Continue reading Cantor Fitzgerald International v Callaghan and Others: CA 21 Jan 1999
The plaintiff tenant appealed from the dismissal of its application under sections 22(1) and 23(2) of the Arbitration Act 1950 to set aside or remit to the arbitrator, on the grounds of misconduct, an award in a rent review arbitration, relating to a lease of premises at Abergele in North Wales Judges: Peter Gibson, Potter … Continue reading Living Waters Christian Centres Ltd v Fetherstonhaugh: CA 27 Apr 1999
The court considered its general approach to appeals against awards in arbitrations. Bingham J said: ‘as a matter of general approach the courts strive to uphold arbitration awards. They do not approach them with a meticulous legal eye endeavouring to pick holes, inconsistencies and faults in awards and with the objective of upsetting or frustrating … Continue reading Zermalt Holdings SA v NuLife Upholstery Repairs Ltd: 1985
The parties were Iranian Jews, father and son. The son arranged to export carpets from Iran in contravention of Iranian law. The father and son fell into dispute about their contracts and arranged for the issues to be resolved by the Beth Din according to Beth Din rules which incorporated Jewish Law. The son applied … Continue reading Soleimany v Soleimany: CA 4 Mar 1998
Arcadia chartered the Eurus, and had succeeded in their application for an award in arbitration proceedings against Total. The award had been reversed, and they now appealed against that order. The parties disputed whether the amount was an award of damages or technically a debt. Held: A clause allowing recovery of losses ‘due to failure … Continue reading Total Transport Corporation v Arcadia Petroleum Ltd (‘the Eurus’): CA 18 Nov 1997
An impecunious plaintiff who resisted an application to stay proceedings in order to allow an arbitration can be required to show the cause of his inability to fund the action. Judges: Master of the Rolls, Aldous and Brooke LJJ Citations: Gazette 05-Feb-1997, Times 09-Dec-1996, [1996] EWCA Civ 1023, [1997] QB 674 Links: Bailii Statutes: Arbitration … Continue reading Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996
A discretion on the appointment of an arbitrator is completely unfettered; refusal proper. Citations: Times 13-Aug-1996 Statutes: Arbitration Act 1950 10(1) Jurisdiction: England and Wales Arbitration Updated: 31 October 2022; Ref: scu.80696
The discretion in the court to to appoint an arbitrator under section 19(1) should not be narrowed without good reason. He continued: ‘In every such case there must come a time when the Court can properly refuse to grant [the relief sought] not because its dignity has been affronted nor in order to punish the … Continue reading The Frotanorte: CA 1996
In an agreement between the parties, the English Courts were given jurisdiction over disputes but either party had a right to elect that the dispute be referred to arbitration. It was argued that there was no existing binding agreement to arbitrate but at best an agreement to agree, and that the 1950 Act did not … Continue reading The Messiniaki Bergen: 1983
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the repudiation. The arbitrator had set off the profit … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel Sau: CA 21 Dec 2015
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price than would have been obtained had the charter continued for … Continue reading Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017
The arbitration agreement specified that disputes were to be arbitrated in Brussels, therefore there was no jurisdiction in an English court. Citations: Gazette 01-Apr-1992 Statutes: Arbitration Act 1950 12 (6) (h) Jurisdiction: England and Wales Cited by: Appeal from – Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others HL 17-Feb-1993 The court … Continue reading Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others: CA 1 Apr 1992
The purpose of section 19A was to make explicit powers to award interest which had previously rested on implication. Judges: Dillon LJ Citations: [1986] 2 Lloyd’s Rep 209 Statutes: Arbitration Act 1950 19A Jurisdiction: England and Wales Cited by: Cited – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003 The parties went … Continue reading The Trade Fortitude: 1986
London arbitrators had made an award for unpaid hire in US dollars, being the currency of the hire contract. An issue arose whether an English court could give leave under the Act to enforce the award in the same manner as a judgment to the same effect. Held: English arbitrators had jurisdiction to make their … Continue reading Jugoslavenska Oceanske Plovidba v Castle Investment Co Inc: CA 1974
The defendants had obtained world-wide Mareva injunctions in support of substantive proceedings by way of their counterclaim to enforce an arbitration award against the plaintiffs under section 26 against two companies, Aiglon Limited and L’Aiglon SA (a Swiss company). Held: There was no basis under section 26 for enforcement of the arbitration award against SA, … Continue reading Aiglon Limited and another v Gau Shan Co Limited: ChD 1993
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure. Held: The issue of currency … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003
The court had power to remit a case to the arbitrator for reconsideration where there appeared to be a simple mathematical error in the award, even though the error was not admitted either by the arbitrator or by the party who had benefited from the error. Costs awards did not fall under the standard rules. … Continue reading Danae Air Transport Societie Anonyme v Air Canada: CA 29 Jul 1999
If using his personal knowledge of a specialised character rather than such as may be generally known to an expert in that area, then the arbitrator must afford the parties the chance to comment on that knowledge. Citations: [1985] 1 EGLR 9 Statutes: Arbitration Act 1950 Jurisdiction: England and Wales Cited by: Cited – Checkpoint … Continue reading Top Shop Estates Ltd v Danino: 1985
cw Arbitration – incorporation of arbitration clause – incorporation into retrocession contract – general words of incorporation. Judges: Colman J Citations: [1997] 2 Lloyd’s Rep 119, Lloyd’s List 18 May 1995 Statutes: Arbitration Act 1950 4(1) Jurisdiction: England and Wales Arbitration Updated: 26 May 2022; Ref: scu.182574
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The plaintiff sought injunctive relief from an English court. The defendant requested a stay. Held: … Continue reading Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others: HL 17 Feb 1993
The defendant challenged enforcement of an arbitration award. Held: The challenge had not been made in time, and the award was final and conclusive. Lord Denning MR said that an arbitration award is like a final judgment which should be enforced unless it can be shown to be invalid: ‘Once an Award has been made … Continue reading Middlemiss and Gould v Hartley Corporation Pty Ltd: CA 1972
ComC Untraced Drivers Scheme of the Motor Insurers Bureau – obligation to award interest – power to award interest under section 19A of the 1950 Act. Judges: Thomas J Citations: Times 10-Nov-1997 Statutes: Arbitration Act 1950 19A Jurisdiction: England and Wales Citing: Appealed to – Mighell v Reading and Another and Evans v Motor Insurers … Continue reading Evans v Motor Insurance Bureau: ComC 29 Jul 1997
The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997
Peter Gibson J defined the phrase undue hardship as ‘hardship . . not warranted by the circumstances’. Judges: Peter Gibson J Citations: [1985] Ch 261 Statutes: Arbitration Act 1950 27 Cited by: Cited – Secretary of State for Work and Pensions v Roach CA 20-Dec-2006 The court considered the reduction of state benefits payable to … Continue reading Tote Bookmakers Ltd v Development and Property Holding Co. Ltd.: 1985
The High Court has power to order security for costs to be given with respect to an international arbitration to take place in London, where there may be doubt as to the plaintiff’s creditworthiness. Citations: Times 09-May-1994, Gazette 15-Jun-1994, Ind Summary 16-May-1994 Statutes: ICC Rules of Conciliation & Arbitration 1988, Arbitration Act 1950 812(6) Arbitration, … Continue reading Da Cooper Lavalin Nv v Ken-Ren Chemicals and Fertilisers Ltd (Liq): HL 9 May 1994
ComC Arbitration – extension of period to appoint arbitrator – discretion – principles Judges: Langley J Citations: Lloyd’s List 2 March 1996 Statutes: Arbitration Act 1950 27 Jurisdiction: England and Wales Arbitration Updated: 06 May 2022; Ref: scu.186002
The subject matter of statutes is so varied that generalised maxims are not a reliable guide. An arbitrator can dismiss a claim for inordinate and inexcusable delay, even where this had arisen before the Act which created the power.Lord Mustill said: ‘Precisely how the single question of fairness will be answered in respect of a … Continue reading L’Office Cherifien Des Phosphates and Another v Yamashita-Shinnihon Steamship Co Ltd: HL 19 Jan 1994
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
A provision that a reference to arbitration, to be heard in Zurich, should be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1950 was not treated as intended to apply the whole of the 1950 Act to the reference. [1981] 2 Lloyd’s Rep 446 Arbitration Act 1950 England and … Continue reading Black Clawson International Limited v Papierwerke: 1981
The Elections Commissioner had sought, some time after his order on a petition, to clarify the order from costs. Held: The Commissioner, and in turn Keith J, had been wrong to consider themselves not bound by Muldoon. What Mr Cripps (the Commissioner) had purported to do went far beyond what the slip rule permitted so … Continue reading Regina v Cripps; Ex parte Muldoon: CA 1984
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999
Implied promise to pay arbitral award The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time. Held: A party can enforce an award either by ordinary action as an action founded upon … Continue reading National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968