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 section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must . .

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 . .

Application to set aside an arbitration award for serious irregularity pursuant to section 68(2) of the Arbitration Act 1996 . .

Application of the Counterclaimant under section 12 of the Arbitration Act 1996 to extend the time for commencing arbitration proceedings against the Respondent . .

Hearing of an arbitration claim by which, pursuant to s.67 Arbitration Act 1996, the Claimant challenges the decision of an arbitral tribunal that it has substantive jurisdiction to determine a claim made by the Defendant . .

The claimant seeks leave under s.69(3) of the Arbitration Act 1996 to appeal from the award in a statutory arbitration commenced by the defendants as tenants under Part 4 of the Small Business, Enterprise and Employment Act 2015 (‘the 2015 Act’) and . .

Case management conference in relation to how to progress applications made by certain defendants to staying the proceedings against them pursuant to section 9 of the Arbitration Act 1996. . .

Hearing of the claimant’s jurisdiction challenge brought under s. 67 of the Arbitration Act 1996 against the final award on jurisdiction . .

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 . .

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 . .

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. . .

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. … Continue reading Ahmad Al-Naimi (T/a Buildmaster Construction Services) v Islamic Press Agency Incorporated: CA 28 Jan 2000

ComC Arbitration – letter of undertaking – Arbitration section (14) of the Arbitration Act 1996 – Appeal from Admiralty Registrar – Cargo claim – application to add Plaintiff – were Defendants entitled to a stay or was the Arbitration Agreement inoperative because of the terms of a letter of undertaking? – was the expression ‘owners … Continue reading Owners of the cargo lately laden on board the ship or vessel “ELPIS” v Owners of the ship or vessel “ELPIS”: AdCt 17 Oct 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

The parties had disputed the final value of works of construction. The dispute was referred to an arbitration, the costs of which came vastly to exceed the sums at issue. An application was now made for the award to be remitted. Held: A request for an extension of time for an application under section 60 … Continue reading RC Pillar and Sons v Edwards and another: TCC 11 Jan 2001

The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to jurisdiction which was susceptible to challenge, and the respondents asserted that it was a … Continue reading LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001

The parties were partners, and the partnership agreement contained provisions for arbitration. The claimant had begun proceedings, and the defendant had filed a defence. The claimants then applied to amend their particulars of claim. The defendant sought a stay saying this revived his entitlement him to require the case to be referred to arbitration. Held: … Continue reading Ahad and Another v Uddin: CA 15 Jun 2005

Whether an Award in an arbitration whose proper and curial law was Swiss should be refused enforcement in England under Section 103 of the Arbitration Act 1996 in a case where the arbitrator had expressly found that no corrupt activity was involved, but English law would not have enforced the underlying contract due to illegality … Continue reading Omnium de Traitement et de Valorisation S A v Hilmarton Ltd: ComC 24 May 1999

Arbitration Act 1996, Section 69(3)(d): when is it just and proper in all the circumstances for the court to determine a question raised on an application for leave to appeal; issue of construction in a one-off charterparty clause where pre-existing judicial authority as to proper construction of similar wording Judges: Colman J Citations: Unreported, 12 … Continue reading India Steamship Co Ltd v Arab Potash Co Ltd: ComC 12 Dec 1997

The court discussed the policies underlying the 1996 Act: ‘One of the major purposes of the Arbitration Act 1996 was to set out most of the important principles of the law of arbitration of England and Wales in a logical order and expressed in a language sufficiently clear and free from technicalities to be readily … Continue reading Seabridge Shipping AB v AC Orssleff’s EFtF’s A/S: QBD 1999

Application for stay of arbitration. Colman J explored the correct approach where matters are raised under s9(4): ‘Where the court takes the course of deciding the matter [under s9(4)], the Court of Appeal, again in the Al-Naimi case, indicated that the court should direct a trial where there are triable issues on the facts material … Continue reading A v B: ComC 28 Jul 2006

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

Application by the defendant to stay these proceedings pursuant to section 9(1) of the Arbitration Act 1996 Judges: Coulson J Citations: [2017] EWHC 319 (TCC) Links: Bailii Statutes: Arbitration Act 1996 9(1) Jurisdiction: England and Wales Arbitration Updated: 04 February 2022; Ref: scu.577849

The parties had submitted their dispute to arbitration. The arbitrator had made his award payable in certain currencies. The payer contended that this was in excess of his jurisdiction. Held: The reference to the arbitrator continued the jurisdiction given to the engineer under the earlier stage of the dispute. The contract stipulated the currencies in … Continue reading Lesotho Highlands Development Authority v Impreglio SpA and Others: QBD 15 Nov 2002