Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: CA 29 Nov 2013
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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Lord Phillips CJ expressed his own doubts about whether section 103(2) gives the court a broad discretion to allow enforcement of an award where one of the grounds set out in that subsection has been established. Citations: [2006] EWCA Civ 222, [2006] 1 Lloyd’s Rep 701 Links: Bailii Statutes: Arbitration Act 1996 101(2) Jurisdiction: England … Continue reading Kanoria and others v Guinness: CA 21 Feb 2006
The claimant had obtained an arbitration award, and a without notice order for its enforcement. The defendant applied for it to be set aside on the basis that no law had been agreed which would set the basis for the arbitration, and that the award was not enforceable against the defendant as a nation. Judges: … Continue reading Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan: ComC 1 Aug 2008
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside. Held: When asked to review an arbitration award made internationally under the Convention, it was important … Continue reading Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan: CA 20 Jul 2009
Application to set aside order for enforcement here of an international arbitration award. . .
Actions to enforce arbitration awards were brought, each in the name of a ship-owning company. At the time of the arbitrations the assets of each company had vested in a trustee in bankruptcy appointed under New York law, but the trustee had persuaded the arbitrators that the companies were the proper claimants and had commenced … Continue reading International Bulk Shipping and Services Ltd v President of India and Another: CA 11 Dec 1995
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
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
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
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
Tomlinson, Ryder, Christopher Clarke LJJ [2014] EWCA Civ 356 Bailii Arbitration Act 1996 100 101 102 103 England and Wales Arbitration Updated: 02 December 2021; Ref: scu.523295
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies. Held: The question remained whether the arbitrator had exceeded its powers, not whether they had been wrongly exercised. An error of law … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: HL 30 Jun 2005
Application by the Eleventh Party, to strike out allegations of breaches of Article 101 TFEU which are made against it by the defendants in this action or for summary judgment in its favour on the points. In addition Ericsson applied to stay a . .
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
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