Norbrook Laboratories Ltd v Tank and Another: ComC 12 May 2006
Judges: Colman J Citations: [2006] EWHC 1055 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 21 January 2023; Ref: scu.241757
Judges: Colman J Citations: [2006] EWHC 1055 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 21 January 2023; Ref: scu.241757
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 meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
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
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
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
Citations: [2012] EWCA Civ 996, [2012] WLR(D) 225 Links: Bailii, WLRD Statutes: Arbitration Act 1996 18 Jurisdiction: England and Wales Arbitration Updated: 03 November 2022; Ref: scu.463104
Appeal brought with leave under section 69 of the Arbitration Act 1996 against the award of three maritime arbitrators in a dispute under a voyage charterparty Judges: Popplewell J Citations: [2012] EWHC 1984 (Comm) Links: Bailii Jurisdiction: England and Wales Transport Updated: 03 November 2022; Ref: scu.462957
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
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
The court considered the arbitration provisions of the Coffee Trade Federation. Judges: Sir John Thomas, Lloyd, Aikens LJJ Citations: [2012] EWCA Civ 637, [2013] Bus LR 158 Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 22 October 2022; Ref: scu.457755
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
Citations: [2006] EWHC 1360 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 14 October 2022; Ref: scu.242912
Appeal against refusal to set aside arbitration award. Judges: Males J Citations: [2018] EWHC 3431 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 11 October 2022; Ref: scu.631342
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
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
The claimants were main contractors on a construction project. The respondents were sub-contractors. After difficulties, the sub-contractor was ejected from the site. The issue was as to the jurisdiction of the adjudicator. Was the project, to create a sewage station, a ‘construction operation’ within the Act? Held: The sum was due under the contract irrespective … Continue reading Parsons Plastics (Research and Development) Ltd v Purac Ltd: CA 12 Apr 2002
The appellants had argued that they were not subject to the construction arbitration system because they were residential occupiers. They now said that as consumers vis a vis the construction contract. Judges: Coulson J Citations: [2009] EWHC 493 (TCC) Links: Bailii Statutes: The Housing Grants (Construction and Regeneration) Act 1996 106 Jurisdiction: England and Wales … Continue reading Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009
The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order. Held: The conditions for a peremptory order were met, and the order should be enforced. There was also a risk … Continue reading Emmott v Michael Wilson and Partners Ltd: ComC 12 Jan 2009
The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant. Held: Paragon Finance overruled the whole of the decision in Hayes v. Dowding and that the commentary in Phipson more … Continue reading Farm Assist Ltd v Secretary of State for Environment Food and Rural Affairs: TCC 12 Dec 2008
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
Challenge under s67 of the Arbitration Act 1996 to arbitrator’s jurisdiction Judges: Burton J Citations: [2010] EWHC 195 (Comm), [2010] 2 Lloyd’s Rep 209 Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 29 June 2022; Ref: scu.396750
The court awarded interim injunctive relief to the effect that the shipowners should not act inconsistently with a time charterparty of two vessels. Judges: Cooke J Citations: [2004] EWHC 2607 (Comm) Links: Bailii Statutes: Arbitration Act 1996 44(2)(e) Jurisdiction: England and Wales Cited by: Appeal from – Lady Navigation Inc v Lauritzencool Ab and Another … Continue reading Lauritzencool Ab v Lady Navigation Inc: ComC 12 Nov 2004
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
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
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
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
The partnership was made up of a 109 acre dairy holding owned by one partner, and the second partner managed the business. The dairy holding itself was kept out of the partnership assets by explicit agreement. D, the former manager claimed, on the partnership being dissolved, that a milk quota had become a partnership asset … Continue reading Davies v H and E Ecroyd Ltd: ChD 1996
Judges: Mr Justice Hamblen Citations: [2012] EWHC 166 (Comm), [2013] Bus LR D9 Links: Bailii Statutes: Arbitration Act 1996 69 70(4) Jurisdiction: England and Wales Arbitration Updated: 23 March 2022; Ref: scu.451217
The claimant sought an injunction to order the defendant football association from preventing him playing on a football match. He had been sent off and was subject to an automatic additional one match ban. He sought to exercise a right under the procedure to challenge the decision. Held: The procedure was intended to be speedy … Continue reading Sankofa and Another v The Football Association Ltd: ComC 12 Jan 2007
Appeal from an award under the 1996 Act. Teare J [2014] EWHC 4176 (Comm) Bailii Arbitration Act 1996 Arbitration Updated: 24 December 2021; Ref: scu.539961
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates. Held: The court dismissed the application: ‘First, the fact that there is, in accordance with my … Continue reading Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012
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
There are four approaches to deciding whether an arbitration agreement exists to which section 9 applies:- (1) to determine on the evidence before the court that such an agreement does exist in which case (if the disputes fall within the terms of that agreement) a stay must be granted, in the light of the mandatory … Continue reading Birse Construction Limited v St David Limited: TCC 12 Feb 1999
Arrangements between the parties owners and operators of a power plant in Kazakhstan required disputes to be arbitrated in London under ICC Rules. That clause was governed by English law, and the remainder by Kazakh law. A ruling by the Supreme Kazakh Court declared the arbitration clause invalid. The contractor began arbitration proceedings in England … Continue reading UST-Kamenogorsk Hydropower Plant Jsc v AES UST-Kamenogorsk Hydropower Plant Llp: SC 12 Jun 2013
EAT JURISDICTIONAL POINTS Worker, employee or neither Working outside the jurisdiction Whether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. Applying Lawson v Serco, Duncombe (No. 2) and Ravat, on any view Employment Tribunal entitled to conclude that it had jurisdiction territorially to entertain both whistleblowing claim … Continue reading Clyde and Co Llp v Van Winkelhof: EAT 26 Apr 2012
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012
A party to an arbitration under the 1996 Act disputed whether the award had been served so as to leave that party out of time to appeal.
Rix LJ spoke of the common law as requiring proof of receipt, whereas the Interpretation Act deemed receipt . .
Appeal from party wall award. . .
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The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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Judges: Hamblen J Citations: [2010] EWHC 162 (Comm) Links: Bailii Statutes: Arbitration Act 1996 12 Arbitration Updated: 13 August 2022; Ref: scu.396619
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
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
Judges: Langley J Citations: [2005] EWHC 2912 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69(2) 69(3) Jurisdiction: England and Wales Arbitration Updated: 06 December 2022; Ref: scu.236585
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are particular. There must be a good reason … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999
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
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
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
Practice and Procedure – Postponement or Stay – Transfer/Hearing Together An employment judge had erred in law in deciding that he lacked jurisdiction to determine a claim under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) arising between the claimant and the insurer of the insolvent first respondent. The employment tribunal was … Continue reading Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019
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
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
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 court heard applications in adjudication enforcement proceedings between consultants and their employer, issues being raised about the extent to which the construction contract between the parties was in writing for the purposes of Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (‘HGCRA’) and in relation to the extent and scope of … Continue reading Sprunt Ltd v London Borough of Camden: TCC 6 Dec 2011
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
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
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term ‘vendor’ had been defined without including her successors in title. Held: The court considered the construction of the clause … Continue reading Margerison v Bates and Another: ChD 30 May 2008
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
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
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
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
Court Service Enforcement of an adjudicator’s decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999. Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether … Continue reading Westminster Building Company Ltd v Beckingham: TCC 20 Feb 2004
Many businesses, having been ordered to suspend business during the Covid-19 epidemic, sought to claim under business interruption insurance. The claims were rejected by the insurers and the insurers now appealed from a finding that they had been liable under a variety of clauses. Held: The appeal failed.‘ A disease that spreads is not something … Continue reading The Financial Conduct Authority and Others v Arch Insurance (UK) Ltd and Others: SC 15 Jan 2021
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008
The parties contracte for works relating to a power plant. The applicable law was Khazak, but the agreement provided that any dispute between the parties was to be settled by arbitration in London. The claimant now sought an anti-suit injunction to prevent the respondent, effectively the Khazak government from pursuing a dispute in the Khazak … Continue reading AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant Jsc: ComC 16 Apr 2010
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
An arbitration process which sought to join parties who denied being part of the contract for arbitration could not itself decide the contractual power to enforce the arbitration. Accordingly the High Court had no jurisdiction either to apply the arbitration exception to the Convention, or to act under its own practice direction, or to serve … Continue reading Vale Do Rio Doce Navegacao SA and another v Shanghai Bao Steel Ocean Shipping Co Ltd and Others: QBD 14 Apr 2000
The claimant sought a declaration that an award made in an ICC arbitration was made without jurisdiction and void. Judges: Langley J Citations: [2004] EWHC 121 (Comm), [2004] 1 LLR 603, [2004] 1 Lloyd’s Rep 603, [2004] NPC 13 Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Citing: See Also – Peterson … Continue reading Peterson Farms Inc v C and M Farming Ltd: ComC 4 Feb 2004
The defendant sought leave to appeal against a refusal of a stay of arbitration. He was an Indian national operating as a solicitor in London. When pursued for rent arrears on his busines premises, he requested a stay, seeking to take the protection of a bilateral investment treaty protecting nationals of one state who invested … Continue reading City of London v Sancheti: CA 21 Nov 2008
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
The parties owned either half of a semi-detached residence. The defendant had undertaken substantial redevelopment works, and the claimant sought damages under the 1996 Act for his failures to follow that Act. The issues had been taken to arbitration. Held: The claimants had not shown that there was any threat to their building and were … Continue reading Rodrigues v Sokal: TCC 30 Jul 2008
The court upheld an objection to one member of the arbitration panel for apparent bias, but refused to set aside a preliminary decision of the panel. Judges: Morison J Citations: [2005] EWHC 2238 (Comm), [2006] 2 All ER (Comm) 122 Links: Bailii Statutes: Arbitration Act 1996 68 Jurisdiction: England and Wales Cited by: See Also … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: ComC 19 Oct 2005
The employer received a notice of non-completion from his architect, and in turn served a notice on the contractor under section 111, and deducted damages for non-completion from the next payment. The contractor said this was not allowed because the architect had in the meantime granted an extension. Held: The contract should be construed in … Continue reading Reinwood Ltd v L Brown and Sons Ltd: HL 20 Feb 2008
An arbitrator hearing a case, and who appreciated that counsel had failed to take a point, should draw counsel’s attention to the point. No duty could arise if the arbitrator did not himself see the point. An applicant under section 68 faces a high hurdle in establishing serious irregularity, reflecting the reluctance of the courts … Continue reading Bandwidth Shipping Corporation v Intaari (‘Magdalena Oldendorrf’): CA 17 Oct 2007
The court considered the authorities on when an applications to set aside an arbitration award might succeed under section 68. Held: Any such application faced a high hurdle. It can constitute a serious irregularity that a tribunal determines an issue which is not ‘in play’ between the parties. Judges: Tomlinson J Citations: [2006] EWHC 388 … Continue reading ABB Ag v Hochtief Airport Gmbh and Another: ComC 8 Mar 2006
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005
Citations: [2004] EWCA Civ 1236 Links: Bailii Statutes: Arbitration Act 1996 23 Jurisdiction: England and Wales Arbitration, Costs Updated: 21 June 2022; Ref: scu.215991
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The claimant was a football player’s agent. The licensing scheme required disputes, including disciplinary procedures, to be referred to arbitration. He denied that the rule had been incorporated in the contract. He also complained that the Association had agreed to postpone disciplinary proceedings pending the result of other litigation between the parties. Held: The appeal … Continue reading Stretford v The Football Association Ltd and Another: CA 21 Mar 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 word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be implicit in parties’ choice to arbitrate in England. Judges: Mance VC, Carnwath, Mance LJJ … Continue reading Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004
Judges: Mr Justice Langley Citations: [2002] EWHC 121 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 09 June 2022; Ref: scu.192629
The appellant sought to set aside a declaration as to the validity of an arbitration award. A first award had been declared of no effect, and the case remitted to the arbitrator, and the second award was now challenged on the basis that the reference to the arbitrator was exhausted by the first award. Held: … Continue reading Hussmann (Europe) Limited v Ahmed Pharaon (Formerly Trading As Al Ameen Development and Trade Establishment): CA 4 Mar 2003
The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity under section 68(2). Held: The system of arbitration expected an arbitrator to rely to some extent … Continue reading Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 2002
The grantors of an option, which contained a machinery for fixing the price, had refused to appoint a valuer and that made it impossible for the contractual machinery for the valuation of the option price to work. The House of Lords held that the machinery for fixing the price was merely a subsidiary part of … Continue reading Sudbrook Trading Estate Ltd v Eggleton: HL 1982
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 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 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
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report failed to allow for established guidance on the topic, leading to the … Continue reading HB v PB: FD 9 Jul 2013
Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986
In the course of a settlement of divorce proceedings, a wife agreed to withdraw her claim for maintenance. She sought to re-open it. Held: the principle of Hyman v. Hyman applied, notwithstanding that the agreement between the parties had been approved by the court, under section 5 of the 1963 Act. Sir Gordon Willmer said: … Continue reading Wright v Wright: 1970
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
The question was whether a taxpayer can deduct as input tax the VAT which it has incurred in purchasing entitlements to an EU farm subsidy, the Single Farm Payment. The taxpayer had used those entitlements to annual subsidies over several years and intended to use money resulting from the receipt of those subsidies to fund … Continue reading Revenue and Customs v Frank A Smart and Son Ltd: SC 29 Jul 2019
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
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, … Continue reading Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004
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