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
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When asked to order provision of security on an application not to enforce an arbitration award, the right approach is that of a sliding scale. The court referred to assessing the strength of the argument that the award is invalid ‘on a brief consideration by the Court which is asked to enforce the award while … Continue reading Soleh Boneh International Ltd v Government of the Republic of Uganda: CA 1993
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England. Held: Gross J refused to consider immediate enforcement. He adjourned the proceedings for the payment of what was common ground to be indisputably due and of a further … Continue reading IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 27 Apr 2005
The defendant sought to challenge the enforcement here of a foreign arbitration award. It sought security for costs. Held: The action was not a challenge to the award itself, but rather to challenge an attempt to enforce it in England. The challenge was therefore in its nature defensive, and accordingly the courts did have power … Continue reading Dardana Ltd v Yukos Oil Company: QBD 21 Dec 2001
The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant. Held: The Act cannot have been intended to give the court an open discretion on the enforcement of international arbitration awards, but … Continue reading Yukos Oil Company v Dardana Ltd: CA 18 Apr 2002
An arbitration award should be refused where a party could show that he had not been allowed to present his case properly. The claimant had acted as a litigant in person. The judge hearing the appeal had refused to hear certain aspects of the case, but those aspects revealed cases coming under the heading of … Continue reading Irvani v Irvani: CA 10 Feb 2000
The claimant had achieved a judgment in arbitration proceedings abroad against the respondent foreign government regarding contracts providing services for the Holy Places in Saudi Arabia. The contract made no express provision for the nationality of applicable law. The respondent had not been party itself to the contract. The ICC award, given according to French … Continue reading Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan: SC 3 Nov 2010
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
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
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 defendant resisted enforcement of a Moscow arbitration award saying it had been obtained by fraud, and sought security for costs.The Court addressed the issue of security for the future costs of a challenge under section 103(3), which raises very different considerations to an issue of security for the past award itself. Rix LJ noted … Continue reading Gater Assets Ltd v Nak Naftogaz Ukrainiy: CA 17 Oct 2007
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006
The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984
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
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
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 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
Third Party Costs – Director of Insolvent Company (Organic Village) The Court considered the circumstances Limited in which a director and shareholder of an insolvent company may be personally liable for some or all of that company’s costs liabilities incurred in unsuccessful litigation, pursuant to s.51 of the Senior Courts Act 1981. The particular question … Continue reading Goknur v Aytacli: CA 13 Jul 2021
Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016
References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843
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