Search Results for: Arbitration Act 1979 1(3)(b)

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Secretary of State for the Environment v Euston Centre Investments Ltd: ChD 5 Jan 1994

Appeals from arbitrators must be prosecuted speedily or will risk being struck out. The tests will be applied stringently. Citations: Gazette 08-Jun-1994, Gazette 20-Apr-1994, Times 05-Jan-1994 Statutes: Arbitration Act 1979 1(3)(b) Jurisdiction: England and Wales Citing: Appealed to – Secretary of State for the Environment v Euston Centre Investments Ltd CA 6-Jul-1994 Arbitration appeal may … Continue reading Secretary of State for the Environment v Euston Centre Investments Ltd: ChD 5 Jan 1994

Aden Refinery Co Ltd v Ugland Management Co Ltd: CA 1986

A dispute under a charterparty was referred to arbitration. Held: The charterers were refused leave to appeal to the court under section 1(3)(b) of the Arbitration Act 1979. They were also refused leave to appeal to the court under section 1(6A) of the same Act. It was submitted that the ouster of the jurisdiction of … Continue reading Aden Refinery Co Ltd v Ugland Management Co Ltd: CA 1986

Cantor Fitzgerald International v Callaghan and Others: CA 21 Jan 1999

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

Pioneer Shipping Ltd v BTP Tioxide Ltd (‘The Nema’): HL 1982

There is no fetter on the judicial discretion to refuse leave under Section 1(3)(b) to appeal against an arbitration award. Frustration of a contract is ‘not likely to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains’. Judges: Lord Diplock Citations: [1981] 3 WLR 292, [1982] AC 724 Statutes: Arbitration … Continue reading Pioneer Shipping Ltd v BTP Tioxide Ltd (‘The Nema’): HL 1982

CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002

The Charterers appealed a refusal to allow an appeal from a decision in an arbitration. Held: The 1979 Act changed the situation fundamentally. The test was not just whether the decision was probably wrong, but the wider test allowed an appeal on a point of general public importance, provided only that the decision allowed of … Continue reading CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002

Cetelem Sa v Roust Holdings Ltd: CA 24 May 2005

The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. Held: The court granted leave to appeal but dismissed the appeal itself. Section 44 gave the court the … Continue reading Cetelem Sa v Roust Holdings Ltd: CA 24 May 2005

Geogas SA v Trammo Gas Ltd (The Baleares): CA 26 Nov 1990

Judge Wrong to Accept Appeal of Fact The charterers had sought to appeal the arbitrators’ findings on foreseeability and remoteness. The judge had set aside the arbitration award. Though he certified that a point of law existed which was of general public importance, he had refused leave to appeal. Held: The court granted leave. The … Continue reading Geogas SA v Trammo Gas Ltd (The Baleares): CA 26 Nov 1990

Gold Group Properties Ltd v BDW Trading Ltd: TCC 3 Mar 2010

The parties had contracted for the construction of an estate of houses and flats to be followed by the interim purchase by the defendants. The defendants argued that the slump in land prices frustrated the contract and that they should not be called on to purchase the properrties at the price stated because they would … Continue reading Gold Group Properties Ltd v BDW Trading Ltd: TCC 3 Mar 2010