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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

The Frotanorte: CA 1996

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 . .

Acts

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A T and T Corporation and Another v Saudi Cable Co: CA 23 May 2000

The test as to whether an arbitrator should declare an interest before adjudicating is the same as the test for a judge, namely whether there was any real danger that he was biased. The Act allowed a court to investigate whether a breach had occurred. Here the adjudicator had been a director of a company … Continue reading A T and T Corporation and Another v Saudi Cable Co: CA 23 May 2000

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

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

Aoot Kalmneft v Glencore International AG and Another: QBD 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: QBD 27 Jul 2001

Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs required would have cost far more than the repaired value of the vessel. Mocatta … Continue reading Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

The National Insurance and Guarantee Corporation Ltd v M Young Legal Services Ltd: 2004

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. Citations: [2004] EWHC 2972 (QB) Statutes: Arbitration … Continue reading The National Insurance and Guarantee Corporation Ltd v M Young Legal Services Ltd: 2004

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

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

Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 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

Profilati Italia S R L v Painewebber Incorporated, Painewebber International Futures Limited: ComC 12 Sep 2001

CS Arbitration – Award – Application to set aside award on the grounds of serious irregularity – Arbitration Act 1996 s. 68(2)(g) – whether inadvertent failure to disclose relevant documents resulted in award being procured in a way contrary to public policy – whether respondents suffered substantial injustice. Arbitration – Disclosure – Arbitration under Rules … Continue reading Profilati Italia S R L v Painewebber Incorporated, Painewebber International Futures Limited: ComC 12 Sep 2001

RC Pillar and Sons v Edwards and another: TCC 11 Jan 2001

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

Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc: QBD 24 Nov 2000

The place of arbitration, the juridical seat, was necessarily and inherently established at the time when an arbitration began, and could not subsequently be moved, save with the consent of the parties. Until the point where the arbitration commenced, the juridical seat could be established as required under the Act by looking at all the … Continue reading Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc: QBD 24 Nov 2000

LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 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

Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd: ComC 21 Mar 2005

Application for court to nominate arbitrator. Judges: The Hon Mr. Justice Moore-Bick Citations: [2005] EWHC 455 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Citing: See Also – Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd ComC 18-Dec-2003 . . See Also – Through Transport Mutual Insurance … Continue reading Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd: ComC 21 Mar 2005

Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003

Proceedings before an arbitrator were governed by rule 62.10, which provided its own entire code, and imposed a presumption in favour of privacy. The principles of Scott v Scott need not apply. Scott would now be decided under analogous reasonings under the Human Rights Act. Judges: Cooke J Citations: Times 01-Sep-2003 Statutes: Civil Procedure Rules … Continue reading Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003

Republic of Uganda v Rift Valley Railways (Uganda) Ld and Others: ComC 11 Dec 2020

Application by RVR Investments (Pty) Limited and KU Railways Holdings Limited (the ‘Shareholders’) to be joined as parties to the proceedings under CPR rule 19.4 – or more correctly CPR rule 19.2. The underlying proceedings are a challenge under section 67 of the Arbitration Act 1996 brought by the Claimant, the Republic of Uganda (‘Uganda’) … Continue reading Republic of Uganda v Rift Valley Railways (Uganda) Ld and Others: ComC 11 Dec 2020

Ahad and Another v Uddin: CA 15 Jun 2005

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

Omnium de Traitement et de Valorisation S A v Hilmarton Ltd: ComC 24 May 1999

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

India Steamship Co Ltd v Arab Potash Co Ltd: ComC 12 Dec 1997

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

Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited: TCC 20 Mar 1998

‘A tribunal does not act fairly and impartially if it does not give a party an opportunity of dealing with arguments which have not been advanced by either party’. Judges: His Honour Judge Humphrey Lloyd Qc Citations: [1998] 3 All ER 730 Statutes: Arbitration Act 1996 68 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited: TCC 20 Mar 1998

Stati and Others v The Republic of Kazakhstan: CA 10 Aug 2018

Appeal from an order setting aside a notice of discontinuance filed by the Appellants as claimants in proceedings under section 101 of the Arbitration Act 1996 to enforce a New York Convention award. He directed that the allegations made by the Respondent of fraud by the Appellants in respect of the award should proceed to … Continue reading Stati and Others v The Republic of Kazakhstan: CA 10 Aug 2018

Mercato Sports (UK) Ltd and Another v The Everton Football Club Company Ltd: ChD 12 Jul 2018

Claim by football agent for commission under implied contract on facilitating the signing of a player by the club. Judges: Eyre QC HHJ Citations: [2018] EWHC 1567 (Ch) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration, Contract Updated: 25 April 2022; Ref: scu.619896

Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions Ag (M/Y Palladium): ComC 9 May 2018

Application under section 45 of the Arbitration Act 1996 for determination by the court of a question of law arising in the course of an arbitration, namely whether an arbitration claim under a shipbuilding contract has been settled in without prejudice correspondence between the parties’ solicitors. Judges: Males J Citations: [2018] EWHC 1056 (Comm) Links: … Continue reading Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions Ag (M/Y Palladium): ComC 9 May 2018

STA v OFY: ComC 8 Jun 2021

Application by the Government of STA (‘STA’) under CPR r. 62(9) for an extension of time to bring a challenge under s. 68 Arbitration Act 1996 (‘the Act’) in respect of a Final Award Judges: Mr Justice Butcher Citations: [2021] EWHC 1574 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 15 April 2022; Ref: … Continue reading STA v OFY: ComC 8 Jun 2021

Reliance Industries Ltd and Another v The Union of India: ComC 16 Apr 2018

T The Claimants made nine challenges to parts of an arbitration award made variously under the provisions of sections 67, 68 and 69 of the 1996 Act. Judges: Popplewell J Citations: [2018] EWHC 822 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 68 69 Jurisdiction: England and Wales Arbitration Updated: 13 April 2022; Ref: scu.609096

Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

Seabridge Shipping AB v AC Orssleff’s EFtF’s A/S: QBD 1999

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

McNicholas Plc v AEI Cables Limited: TCC 25 May 1999

The claimant had subcontracted to supply cabling on the defendant’s project. The contract provided both for the exclusive jurisdiction of the English courts but also for arbitration. The defendant applied for the action to be stayed and referred to arbitration. The claimant said the clause was ineffective being uncertain within s9 of the 1996 Act, … Continue reading McNicholas Plc v AEI Cables Limited: TCC 25 May 1999

Vosnoc Ltd v Transglobal Projects Ltd: QBD 27 Aug 1997

A mere statement that a dispute was to be referred to arbitration, or a notice requiring a reference to arbitration, was not enough to constitute a reference to or commencement of an arbitration. Citations: Gazette 10-Sep-1997, Times 27-Aug-1997 Statutes: Arbitration Act 1996 12(3), Limitation Act 1980 34(3)(a) Jurisdiction: England and Wales Arbitration, Limitation Updated: 10 … Continue reading Vosnoc Ltd v Transglobal Projects Ltd: QBD 27 Aug 1997

R, Durtnell and Sons Ltd v Secretary of State for Trade and Industry: QBD 21 Jul 2000

When a party applies to the court to appoint an arbitrator, after some long delay, the court should consider whether first the dispute was likely to be resolved by the arbitration process, and second whether the delay was undue. The Act was intended to assist the process of arbitration, and should be used accordingly. In … Continue reading R, Durtnell and Sons Ltd v Secretary of State for Trade and Industry: QBD 21 Jul 2000

Minmetals Germany Gmbh v Ferco Steel Ltd: ComC 1 Mar 1999

A party accepting arbitration within one country took also that country’s system for supervising the process of arbitration, and enforcing any awards made. ComC 1. Application of section 103(2)(c) Arbitration Act 1996. Applicant’s submission that it had no opportunity to meet the claim against it in the course of the arbitration. Enforcement must have been … Continue reading Minmetals Germany Gmbh v Ferco Steel Ltd: ComC 1 Mar 1999

Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: QBD 23 Feb 2001

Parties submitting a dispute to arbitration have the power also to agree that neither should have the power to challenge the decision of the arbitrator in court. That had been the position at common law, and this had survived the Act. The agreement can be ad hoc and informal. Citations: Times 23-Feb-2001 Statutes: Arbitration Act … Continue reading Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: QBD 23 Feb 2001

Laker Airways Inc v FLS Aerospace Ltd and Another: ComC 21 May 1999

A barrister, appointed to act in an arbitration, was not to be prevented from acting, because another barrister in the same set acted for one of the parties. The conditions for removal of an arbitrator was as to the objective presence of bias. Judges: Rix J Citations: Times 21-May-1999, [2000] 1 WLR 113, [1999] 2 … Continue reading Laker Airways Inc v FLS Aerospace Ltd and Another: ComC 21 May 1999

Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997

The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. Citations: Gazette 16-Jul-1997, Times 13-Oct-1997, [1998] 1 Lloyd’s Rep 465 Statutes: Arbitration Act 1996 9(4) … Continue reading Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997

Smyth-Tyrrell and Another v Sowden: ChD 14 Jul 2017

Landlord’s application in their claim under the 1996 Act to challenge a final award in an arbitration against their tenant concerning notices, two to remedy, and two to quit, two holdings. Judges: Paul Matthews HHJ Citations: [2017] EWHC 2331 (Ch) Links: Bailii Statutes: Arbitration Act 1996, Agricultural Holdings Act 1986 Jurisdiction: England and Wales Landlord … Continue reading Smyth-Tyrrell and Another v Sowden: ChD 14 Jul 2017

Joint Stock Company ‘Aeroflot-Russian Airlines’ v Berezovsky and Others: CA 2 Jul 2013

Aikens LJ explained: ‘It is necessary first to analyse the structure of section 9(1) and (4) of the AA 1996, to see where the burden lies and what standard of proof is required when there is an application for a stay of proceedings because one side asserts that two parties are bound by an arbitration … Continue reading Joint Stock Company ‘Aeroflot-Russian Airlines’ v Berezovsky and Others: CA 2 Jul 2013

Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd: ComC 11 Apr 2017

Two applications by the claimant, which by these proceedings seeks to enforce under the New York Convention and s.101 of the Arbitration Act 1996 an arbitration award dated 14 November 2014 in an ICC arbitration seated in Paris. Judges: Andrew Baker J Citations: [2017] EWHC 797 (Comm), [2017] WLR(D) 267 Links: Bailii, WLRD Jurisdiction: England … Continue reading Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd: ComC 11 Apr 2017

Symbion Power Llc v Venco Imtiaz Construction Company: TCC 10 Mar 2017

Application under s. 68(2)(d) of the Arbitration Act 1996 in which the Claimant alleges serious irregularity in the Award of an arbitral tribunal because the tribunal failed to deal with all the issues that were put it. Judges: Jefford J Citations: [2017] EWHC 348 (TCC) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 23 March … Continue reading Symbion Power Llc v Venco Imtiaz Construction Company: TCC 10 Mar 2017

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

Lifestyle Equities Cv and Another v Hornby Street (MCR) Ltd and Others: CA 26 Jan 2022

Appeal against a decision staying the Appellants’ claim against the Respondents for trade mark infringement and passing off pursuant to the power contained in Section 9 of the Arbitration Act 1996. The appeal raises a number of issues of conflict of laws in relation to arbitration agreements and the assignment of trade marks. Judges: Lord … Continue reading Lifestyle Equities Cv and Another v Hornby Street (MCR) Ltd and Others: CA 26 Jan 2022

Arcadia Group Ltd and Others v Telegraph Media Group Ltd: QBD 8 Feb 2019

Claimant’s application for leave to withdraw request for injunction to prevent publication of stories regarding matters subject to non-disclosure agreements. Held: Granted. An junction had been granted, but Lord Hain had disclosed protected name in the House of Lords under the cover of parliamentary privilege. Warby J [2019] EWHC 223 (QB) Bailii England and Wales … Continue reading Arcadia Group Ltd and Others v Telegraph Media Group Ltd: QBD 8 Feb 2019

Thyssen Inc v Calypso Shipping Corp Sa: ComC 23 Jun 2000

Application by the Claimants, who were receivers of a steel cargo, for a declaration that their claim against the Respondents, who were the owners of the carrying ship, is not time-barred. In the alternative, the Claimants seek an extension of time to commence arbitration proceedings pursuant to Section 12 of the Arbitration Act 1996. David … Continue reading Thyssen Inc v Calypso Shipping Corp Sa: ComC 23 Jun 2000

Lesotho Highlands Development Authority v Impreglio SpA and Others: QBD 15 Nov 2002

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

Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016

The question of law which arises on these arbitration appeals is as follows: ‘Where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for … Continue reading Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016

Singh v The Charity Commission and Others: ChD 22 Dec 2016

The court considered the circumstances under which a withdrawal of a case might be challenged: ‘(1) the rules do not prescribe any particular test for permitting discontinuance or, for that matter, for setting aside a notice of discontinuance; (2) a claimant’s desire to bring proceedings to an end where there is no counterclaim should be … Continue reading Singh v The Charity Commission and Others: ChD 22 Dec 2016

NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016

The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer. Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the time charter for IBG’s acts or omissions in the conduct of cargo handling operations at the … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016