Search Results for: Arbitration Act 1996

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PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012

The court considered the recoverability of the fees an arbitrator appointed under the 1996 Act, were the award had been determined unenforceable for a breach of the rules of natural justice. Held: The appeal against an order for payment of he fees succeeded. The arbitrator had not fulfilled the contract for which he had been … Continue reading PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012

Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996

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

Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996

The objector sought leave to appeal. He had objected to spending on a war memorial. The district auditor when declining to intervene had given his reasons. The claimant objected that he should have waited before giving those reasons. Held: Either the reasons were validly delivered in which case the objection failed, or they were not … Continue reading Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996

Lowsley and Another v Forbes: CA 21 Mar 1996

The statutory time limit under the Limitation Act applied only to the right to take substantive proceedings and had nothing whatever to do with the procedural machinery for enforcing a judgment when one was obtained. The Act of 1875 brought about a fundamental change. The old absolute time bar on execution after 20 years, subsequently … Continue reading Lowsley and Another v Forbes: CA 21 Mar 1996

Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

A defence of Issue Estoppel was not available where the issue which was claimed to have been decided had been made under an unclear foreign procedure. It was also essential that the issue in respect of which an estoppel was now asserted had been a finding necessary to the judgment to be relied upon: ‘The … Continue reading Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

The Mahkutai: PC 24 Apr 1996

(Hong Kong) The question was whether shipowners, who were not parties to the bill of lading contract between the charterers and carriers on the one part, and the cargo-owners, the bill of lading being a charterer’s bill, could enforce against the cargo-owners an exclusive jurisdiction clause contained in that contract. Held: Ship owners may not … Continue reading The Mahkutai: PC 24 Apr 1996

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

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 … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Citations: Times 22-Jul-1996, [1997] Eu LR 63, [1996] CLC 1757 Statutes: Consumer Arbitration Agreements Act 1988 Jurisdiction: England and Wales Citing: Appeal from (Affirmed) – Philip Alexander Securities and Futures Ltd v Bamberger and Others ComC 8-May-1996 ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 … Continue reading Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – section 2(a) – distinction between domestic and non-domestic consumers – discrimination – Article 6 EC – freedom to provide … Continue reading Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: CA 1996

A contract had been set up to provide compensation for oil pollution losses. It was between oil companies who contributed to the fund and its administrators, Cristalwho was to ‘be the sole judge in accordance with these terms of the validity of any claim made hereunder’. The claimant association made a claim which Cristal rejected. … Continue reading West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: CA 1996

Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996

When an unsuccessful party has had its legal costs funded under legal expenses insurance, should the insurer be held liable to pay the successful party’s costs? The insurer had not instigated the litigation, nor controlled it, and could not be accused of ‘wanton and officious intermeddling’. The insurance was general and did not relate to … Continue reading Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996

Nordstrom-Janzon v The Netherlands: ECHR 1996

The parties had settled an earlier dispute under a joint venture agreement on terms which included a provision that disputes between them should not be settled by the ordinary courts but by a special arbitration procedure. The arbitrators rejected all the claims advanced by the applicants. The applicants challenged the award in the Dutch courts … Continue reading Nordstrom-Janzon v The Netherlands: ECHR 1996

John Barker Construction Ltd v London Portman Hotel Ltd: 1996

An architect who had to decide whether to grant an extension of time under clause 25 of the JCT conditions would not have acted fairly and lawfully and his decision would be fundamentally flawed if he had not carried out a logical analysis in a methodical way of the impact of the relevant events on … Continue reading John Barker Construction Ltd v London Portman Hotel Ltd: 1996

A v A (Arbitration: Guidance): FD 9 Jul 2021

Enforcement of registration of result of family law arbitration. Judges: Mr Justice Mostyn Citations: [2021] EWHC 1889 (Fam), [2021] WLR(D) 388, [2021] 1 WLR 5393 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 25, Arbitration Act 1996 68 69 Jurisdiction: England and Wales Family Updated: 30 January 2022; Ref: scu.665991

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

Acts

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The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021

The Claimant sought under s. 67 Arbitration Act 1996 the setting aside of a decision of the arbitral panel in a London-seated arbitration, together with declarations as to the lack of standing of what it described as the former management of the Defendant company to manage and control that company. Judges: Mr Justice Butcher Citations: … Continue reading The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021

Aoot Kalmneft v Glencore International Ag and Another: ComC 27 Jul 2001

When asking whether the time for appeal against an arbitrator’s award should be extended, the court should look at several circumstances, including the length of the delay; whether the party was acting reasonably in all the circumstances in delaying; whether the other party had contributed to the delay; whether other party would suffer irremediable prejudice … Continue reading Aoot Kalmneft v Glencore International Ag and Another: ComC 27 Jul 2001

Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009

Judges: Teare J Citations: [2009] EWHC 1975 (Comm), [2010] 1 Lloyds Rep 183, [2009] 2 CLC 446 Links: Bailii Statutes: Arbitration Act 1996 68 69 70 Jurisdiction: England and Wales Cited by: See Also – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010 The courts do not approach arbitration … Continue reading Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009

ASM Shipping Ltd of India v TTMI Ltd of England: Admn 20 Apr 2007

Application to remove arbitrators. Judges: Andrew Smith J Citations: [2007] EWHC 927 (Admin) Statutes: Arbitration Act 1996 96 Jurisdiction: England and Wales Citing: See Also – ASM Shipping Ltd of India v TTMI Ltd of England CA 16-Oct-2006 The court at first instance had dismissed the ship-owner’s application to set aside the arbitration award, and … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: Admn 20 Apr 2007

Cameroon Airlines v Transnet Ltd: ComC 29 Jul 2004

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. Judges: Langley J Citations: [2004] EWHC 1829 (Comm) Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales … Continue reading Cameroon Airlines v Transnet Ltd: ComC 29 Jul 2004

Patel v Patel: CA 24 Mar 1999

A party applying to set a default judgment aside with associated leave to defend did not thereby take any substantial step in proceedings which would debar him from insisting that the matter be stayed pending a referral to arbitration. Citations: Times 09-Apr-1999, [1999] EWCA Civ 1080 Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales … Continue reading Patel v Patel: CA 24 Mar 1999

Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others: CA 10 Sep 1998

The Court of Appeal has jurisdiction to hear an appeal against a judge’s grant or refusal of an order staying court proceedings where arbitration was sought by one party under an agreement. Judges: Hobhouse LJ Citations: Times 22-Oct-1998, Gazette 28-Oct-1998, [1998] EWCA Civ 1460, [1999] 1 WLR 270, [1999] CLC 165 Links: Bailii Statutes: Arbitration … Continue reading Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others: CA 10 Sep 1998

AXA RE v Ace Global Markets Ltd: ComC 20 Jan 2006

Application for a declaration that an insurance contract did not include an effective insurance contract. Judges: The Honourable Mrs Justice Gloster Citations: [2006] EWHC 216 (Comm), [2006] ArbLR 7 Links: Bailii Statutes: Arbitration Act 1996 7291)(a) Jurisdiction: England and Wales Arbitration Updated: 25 November 2022; Ref: scu.245702

EL Nasharty v J Sainsbury Plc: ComC 13 Nov 2007

Judges: The Hon Mr Justice Tomlinson Citations: [2007] EWHC 2618 (Comm), [2007] ArbLR 18, [2008] 1 Lloyd’s Rep 360 Links: Bailii Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales Citing: See Also – Nasharty and others v J Sainsbury Plc ComC 30-Sep-2003 Application for stay of proceedings for arbitration. . . Lists of cited … Continue reading EL Nasharty v J Sainsbury Plc: ComC 13 Nov 2007

Elektrim SA v Vivendi Universal SA and others: ComC 19 Jan 2007

Judges: Mr Justice Aikens Citations: [2007] EWHC 11 (Comm), [2007] 1 Lloyd’s Rep 693, [2007] BusLR D69, [2007] ArbLR 19 Links: Bailii Statutes: Arbitration Act 1996 68(2)(g) 80(5), Civil Procedure Rules 62.9(1)(a) Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.248268

L v R: ComC 24 Oct 2012

Application pursuant to section 68 of the Arbitration Act 1996 to set aside an arbitration award for serious irregularity. Judges: Mr Justice Hamblen Citations: [2012] EWHC 2894 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 20 November 2022; Ref: scu.465469

Pacific Maritime (Asia) Ltd v Holystone Overseas Ltd: ComC 11 Oct 2007

Application on the part of the Defendants, Holystone Overseas Ltd to vary an order for a freezing injunction obtained by the claimant Pacific Maritime (Asia) Ltd pursuant to section 44 (3) of the Arbitration Act 1996 Judges: Christopher Clarke J Citations: [2007] EWHC 2319 (Comm), [2007] ArbLR 46 Links: Bailii Statutes: Arbitration Act 1996 44(3) … Continue reading Pacific Maritime (Asia) Ltd v Holystone Overseas Ltd: ComC 11 Oct 2007

HBC Hamburg Bulk Carriers Gmbh and Co KG v Tangshan Haixing Shipping Co Ltd: ComC 15 Dec 2006

The dispute between the parties centred on the entitlement of the Charterers, the Applicants, to cancel a charterparty Judges: The Hon Mr Justice Morison Citations: [2006] EWHC 3250 (Comm), [2007] 2 Lloyd’s Rep 223 Links: Bailii Statutes: Arbitration Act 1996 68(2)(a) 69 Jurisdiction: England and Wales Transport Updated: 20 November 2022; Ref: scu.376027

Terna Bahrain Holding Company Wll v Al Shamsi and Others: ComC 22 Nov 2012

Three applications before the Court relating to the validity and enforcement of a London arbitration award by which the Arbitrator awarded the Claimant (‘Terna’) AED 84,285,282, together with interest and costs, against the three individual Respondents (‘the Bin Kamils’). By a Claim Form the Bin Kamils seek to challenge the Award for lack of jurisdiction … Continue reading Terna Bahrain Holding Company Wll v Al Shamsi and Others: ComC 22 Nov 2012

A and Another v C and Others: ComC 31 Jul 2020

Judges: His Honour Judge Mark Pelling QC Citations: [2020] EWHC 3045 (Comm) Links: Bailii Statutes: Arbitration Act 1996 33 68(2) 73 Jurisdiction: England and Wales Costs, Arbitration Updated: 18 November 2022; Ref: scu.682743

Halki Shipping Corporation v Sopex Oils Limited: CA 19 Dec 1997

The court was aked whether there was a dispute sufficient to sustain a stay of court proceedings for arbitration under the Act. Held: There was a dispute once money is claimed unless and until the defendants admit that the sum is due and payable. In arbitration proceedings a party is entitled to stay other proceedings … Continue reading Halki Shipping Corporation v Sopex Oils Limited: CA 19 Dec 1997

NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013

The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head charterers. Construction of the meaning and effect of an off-hire clause contained in a time charter. Held: … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013

Cetelem Sa v Roust Holdings Ltd: QBD 29 Dec 2004

Choses in action including contractual rights are ‘assets’ within the meaning of section 44(3). Citations: [2004] EWHC 3175 (QB), [2005] 2 Lloyds Rep 494 Links: Bailii Statutes: Arbitration Act 1996 44(3) Jurisdiction: England and Wales Cited by: Appeal from – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005 The parties were engaged in arbitration proceedings. … Continue reading Cetelem Sa v Roust Holdings Ltd: QBD 29 Dec 2004

NWA and Another v NUF and Others: ComC 8 Oct 2021

Whether the failure of a party to comply with a term of an arbitration agreement that the parties should first seek to mediate a settlement of their dispute before referring the dispute to arbitration results in the arbitral tribunal not having jurisdiction to hear the dispute at all (so as to be susceptible to challenge … Continue reading NWA and Another v NUF and Others: ComC 8 Oct 2021

Davies Middleton and Davies Ltd v Toyo Engineering Corporation: CA 29 Aug 1997

Parties to a dispute agreed a way of resolving issues before arbitration. One party then sought to say that the agreement was void for uncertainty, being an agreement to agree. Held: The agreement merely set a mechansim for resolving the dispute and was valid. Citations: [1997] EWCA Civ 2318 Statutes: Arbitration Act 1996 9 Jurisdiction: … Continue reading Davies Middleton and Davies Ltd v Toyo Engineering Corporation: CA 29 Aug 1997

Laker Airways Inc v FLS Aerospace Ltd: ComC 20 Apr 1999

The court was asked: ‘whether a barrister who has been appointed an arbitrator by one party to the arbitration should be removed by the court on the ground that another barrister from the same chambers has been instructed in the arbitration by the appointing party’. The arbitrator had offered to recuse himself if both parties … Continue reading Laker Airways Inc v FLS Aerospace Ltd: ComC 20 Apr 1999

Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003

One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers. Held: Because he has in effect become a statutory assignee of the promisee’s right of action against the promisor and because, by reason of the underlying policy of section 1(4), … Continue reading Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003

Guidance Investments Ltd v Guidance Hotel Investment Company Bsc: ComC 7 Nov 2013

Application by the Claimant for a stay of part of the Defendant’s Counterclaim under section 9 of the 1996 Act and/or pursuant to the court’s inherent jurisdiction on the grounds that it relates to matters covered by an arbitration clause. In addition the Claimant seeks an order that the Defendant be debarred from relying on … Continue reading Guidance Investments Ltd v Guidance Hotel Investment Company Bsc: ComC 7 Nov 2013

Nanjing Tianshun Shipbuilding Co Ltd v Orchard Tankers Pte Ltd: ComC 11 Feb 2011

The parties had agreed for a ship to be built. The sellers now challenged an arbitral award, saying that the arbitrators did not have jurisdiction. Judges: David Steel J Citations: [2011] EWHC 164 (Comm), [2011] ArbLR 4, [2011] 2 All ER 789, [2011] 2 All ER (Comm) 789 Links: Bailii Statutes: Arbitration Act 1996 67 … Continue reading Nanjing Tianshun Shipbuilding Co Ltd v Orchard Tankers Pte Ltd: ComC 11 Feb 2011

Sinclair v Woods of Winchester Ltd Harrison: QBD 14 Jul 2005

The court set out the principles applicable in an application under section 68: ‘a) Perhaps the best summary of the applicable principles relating to section 68 generally, which lies at the heart of these applications is by His Honour Judge Humphrey Lloyd QC in Weldon Plant Ltd. v. The Commission for the New Towns [2000] … Continue reading Sinclair v Woods of Winchester Ltd Harrison: QBD 14 Jul 2005

Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012

The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012

JSC BTA Bank v Ablyazov and Others: ComC 28 Mar 2011

The Third Defendant sought a stay of the claims against it pursuant to section 9 of the Arbitration Act 1996, and the Seventh Defendant asked for a stay of the claims against it on case management grounds. Judges: Christopher Clarke J Citations: [2011] EWHC 587 (Comm), [2011] ArbLR 6 Links: Bailii Jurisdiction: England and Wales … Continue reading JSC BTA Bank v Ablyazov and Others: ComC 28 Mar 2011

Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010

Application for stay under the 1996 Act or alternatively under the Regulation. Judges: Gloster DBE J Citations: [2010] EWHC 2567 (Comm), [2011] ILPr 13, [2011] 1 Lloyds Rep 252 Links: Bailii Statutes: Council Regulation (EC) 44/2001, namely the Jurisdiction and Judgments Regulation 2, Arbitration Act 1996 9 Jurisdiction: England and Wales European, Arbitration Updated: 12 … Continue reading Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010

Soleymani v Nifty Gateway Llc: CA 6 Oct 2022

Judges: Lord Justice Popplewell Lord Justice Birss And Lord Justice Snowden Citations: [2022] EWCA Civ 1297 Links: Bailii Statutes: Arbitration Act 1996, Consumer Rights Act 2015, Civil Jurisdiction and Judgments Act 1982 Jurisdiction: England and Wales Arbitration, Consumer, Jurisdiction Updated: 07 October 2022; Ref: scu.681445

The Republic of Korea v Dayyani and Others: ComC 20 Dec 2019

Application by the Claimant, Republic, to set aside an award made by Professor Bernard Hanotiau (President), Mr Philippe Pinsolle and Dr Gavan Griffith QC pursuant to s. 67 Arbitration Act 1996, on the grounds that the Tribunal lacked substantive jurisdiction over the claims made by the Defendants in the arbitration. Judges: Butcher J Citations: [2019] … Continue reading The Republic of Korea v Dayyani and Others: ComC 20 Dec 2019

Du Plessis v Fontgary Leisure Parks Ltd: CA 2 Apr 2012

The claimant, who owned a holiday mobile home on the respondent’s site challenged the raising of site fees, saying that the contract was unfair. Previously all site fees were equal within the site, but the respondent had introduced a scheme which reflected the differing grades of pitches. The judge had rejected her argument that the … Continue reading Du Plessis v Fontgary Leisure Parks Ltd: CA 2 Apr 2012

Sheffield United Football Club Ltd v West Ham United Football Club Plc: ComC 26 Nov 2008

The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007. Held: The defendant had agreed to a binding arbitration. The claimant was enttled to the injunctive … Continue reading Sheffield United Football Club Ltd v West Ham United Football Club Plc: ComC 26 Nov 2008

Law Debenture Trust Corporation Plc v Elektrim Finance Bv and others: ChD 1 Jul 2005

A bond contained an arbitration clause subject to a further clause giving the claimant an ‘exclusive right at its option to apply to the courts of England to settle any disputes which may arise out of or in connection with these presents’. The defendants started an arbitration challenging the claimant’s assertion that events of default … Continue reading Law Debenture Trust Corporation Plc v Elektrim Finance Bv and others: ChD 1 Jul 2005

West Tankers Inc v Allianz Spa and Another: CA 24 Jan 2012

The Court was asked whether there was power under section 66 of the 1996 Act to order judgment to be entered in the terms of an arbitral award in a case where the award is declaratory in form and more particularly where it takes the form of a negative declaration, i.e. a declaration that the … Continue reading West Tankers Inc v Allianz Spa and Another: CA 24 Jan 2012

Kastner v Jason, Sherman, Sherman and Sherman, Sherman and Kastner: ChD 23 Mar 2004

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 … Continue reading Kastner v Jason, Sherman, Sherman and Sherman, Sherman and Kastner: ChD 23 Mar 2004

Phoenix Finance Limited v Federation Internationale De L’automobile, Formula One Management Limited, Formula One Administration Limited: ChD 22 May 2002

The claimant had purchased the interests of a failed Formula One car racing team, including, it said, the right to enter a team in Formula One races. It claimed to have been unlawfully excluded from racing. Held: The claimant had failed to comply with the requirements imposed upon participants, and was not entitled to race. … Continue reading Phoenix Finance Limited v Federation Internationale De L’automobile, Formula One Management Limited, Formula One Administration Limited: ChD 22 May 2002

Mobile Telesystems Finance Sa v Nomihold Securities Inc: CA 1 Sep 2011

The court heard an appeal as to a point of principle and practice in relation to the granting of freezing orders in aid of the process of execution of an arbitration award. Judges: Ward, Tomlinson LJJ Citations: [2011] EWCA Civ 1040, [2011] ArbLR 29, [2012] 1 Lloyd’s Rep 6, [2012] 1 All ER (Comm) 223, … Continue reading Mobile Telesystems Finance Sa v Nomihold Securities Inc: CA 1 Sep 2011

Bilta (UK) Ltd (In Liquidation) v Nazir and Others: ChD 17 May 2010

The sixth defendant resisted a claim against it saying that matters between them were governed by a framework agreement which provided for matters to be resolved by arbitration. The claimant resisted, denying the arbitration agreement and saying that the defendant was out of time to make such a claim. Held: Two arguments were directed to … Continue reading Bilta (UK) Ltd (In Liquidation) v Nazir and Others: ChD 17 May 2010

Minister of Finance (Incorporated) v 1Malaysia Development Berhad and Others: CA 26 Nov 2019

The court considered an issue as to the primacy of the powers of the court contained in sections 67 and 68 (‘sections 67 and 68’) of the Arbitration Act 1996. Judges: Sir Geoffrey Vos, Chancellor of the High Cour Citations: [2019] EWCA Civ 2080 Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration … Continue reading Minister of Finance (Incorporated) v 1Malaysia Development Berhad and Others: CA 26 Nov 2019

Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002

A party had been refused leave to appeal against an arbitration under the Act by the judge, but later obtained leave to appeal. Held: Such leave could only be granted by the trial judge, and the Court of Appeal could set aside the leave granted in excess of jurisdiction. The parties had argued that the … Continue reading Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002

Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011

The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the reference and of making numerous errors of law, in respect of each of which they were obviously … Continue reading Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011

CMA-CGM Marseille v Petro Broker International: CA 19 Apr 2011

Petro sought to enforce an arbitration award in its favour under a bunker contract. CMA obtained a stay on enforcement. It then offered to release the stay but on terms unacceptable to Petro. Judges: Laws, Jackson, Tomlinson LJJ Citations: [2011] EWCA Civ 461 Links: Bailii Statutes: Arbitration Act 1996 44 Jurisdiction: England and Wales Citing: … Continue reading CMA-CGM Marseille v Petro Broker International: CA 19 Apr 2011