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 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
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 appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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Judges: Andrew Smith J Citations: [2007] EWHC 195 (Comm), [2007] ArbLR 21, [2007] 1 Lloyd’s Rep 382 Links: Bailii Statutes: Arbitration Act 1996 32 Jurisdiction: England and Wales Arbitration, Banking Updated: 04 December 2022; Ref: scu.248952
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
Jurisdiction of arbitrator. Judges: Langley J Citations: [2007] EWHC 421 (Comm) Links: Bailii Statutes: Arbitration Act 1996 32(2) Jurisdiction: England and Wales Arbitration Updated: 10 July 2022; Ref: scu.249968
The Court was asked whether an arbitration clause in a P and I Club Letter of Undertaking was intended to replace the arbitration clauses incorporated into four bills of lading issued by the defendant shipowners for the carriage of a cargo of bagged rice. Males J [2014] EWHC 2654 (Comm) Bailii Arbitration Act 1996 32 … Continue reading Viscous Global Investment Ltd v Palladium Navigation Corporation ‘Quest’: ComC 30 Jul 2014
Mrs Justice Cockerill DBE [2021] EWHC 1094 (Comm), [2021] Bus LR 1375, [2021] WLR(D) 306 Bailii, WLRD Arbitration Act 1996 32 England and Wales Arbitration, Transport Updated: 10 December 2021; Ref: scu.663094
The dispute between the parties centred on the entitlement of the Charterers, the Applicants, to cancel a charterparty Judges: The Hon Mr Justice Morison Citations: [2006] EWHC 3250 (Comm), [2007] 2 Lloyd’s Rep 223 Links: Bailii Statutes: Arbitration Act 1996 68(2)(a) 69 Jurisdiction: England and Wales Transport Updated: 20 November 2022; Ref: scu.376027
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
Application to enforce arbitration award. Judges: Waller LJ, Dyson LJ Citations: [2007] EWCA Civ 527 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996, Construction Contracts (England and Wales) Regulations 1998 Jurisdiction: England and Wales Construction Updated: 06 November 2022; Ref: scu.253258
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
Petro sought to enforce an arbitration award in its favour under a bunker contract. CMA obtained a stay on enforcement. It then offered to release the stay but on terms unacceptable to Petro. Judges: Laws, Jackson, Tomlinson LJJ Citations: [2011] EWCA Civ 461 Links: Bailii Statutes: Arbitration Act 1996 44 Jurisdiction: England and Wales Citing: … Continue reading CMA-CGM Marseille v Petro Broker International: CA 19 Apr 2011
Judges: Gross J Citations: [2009] EWHC 3325 (Comm), [2010] 2 Lloyd’s Rep 141 Links: Bailii Statutes: Arbitration Act 1996 76 Arbitration Updated: 13 August 2022; Ref: scu.396538
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
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
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 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 court was asked whether the implication of terms into a written contract implied that it was not a contract in writing under ection 107. HHJ Seymour QC said: ‘it may be necessary to consider carefully the effect of s. 107 of the 1996 Act as interpreted by the Court of Appeal in RJT . … Continue reading Galliford Try Infrastructure Ltd and Another v Mott Macdonald Ltd: TCC 17 Jul 2008
The defendants applied under section 9 of the 1996 Act and/or under the court’s inherent jurisdiction or case management powers to stay two actions brought against them by Deutsche Bank AG, the international bank. Judges: Blair J Citations: [2011] EWHC 2251 (QB) Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales Arbitration Updated: 17 July … Continue reading Deutsche Bank Ag v Tongkah Harbour Public Company Ltd: QBD 24 Aug 2011
Judges: Lightman J Citations: [2007] EWHC 327 (Ch) Links: Bailii Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales Arbitration, Litigation Practice Updated: 10 July 2022; Ref: scu.250014
The defendant had repudiated the building contract in 2002. The claimant now resisted a request for arbitration, saying the request was an abuse of process after such delay. Held: The defendant’s appeal succeeded. The Arbitration Act explicitly allowed a reference at any time, and there was nothing in the Act to indicate any restrictive interpretation … Continue reading Connex South Eastern Ltd v M J Building Services Group Plc: CA 1 Mar 2005
Section 67(1)(a) applies both when a tribunal finds that it has jurisdiction and also when it declines jurisdiction. The respondent said that an informal agreement with the claimant to allow jurisdiction was limited to certain issues only. While an arbitral tribunal is entitled to determine whether it has jurisdiction, its decision on that issue is … Continue reading L G Caltex Gas Co Ltd v National Petroleum Corporation and Another: CA 15 May 2001
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
The case raises the fundamental issue, which has not been addressed in previous cases, of the circumstances in which under s18 of the 1996 Act the Court should intervene. Judges: His Honour Judge John Toulmin Cmg QC Citations: [2000] EWHC 464 (TCC), [2000] BLR 321, [2001] 1 All ER (Comm) 41, [2001] 1 Lloyd’s Rep … Continue reading R Durtnell and Sons Ltd v Secretary of State for Trade and Industry: TCC 26 May 2000
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
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
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
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 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
Appeal from an arbitration award concerning the true construction of clause 8(d) of the Inter-Club Agreement 1996 (‘the ICA’). Specifically, the issue is whether the term ‘act’ in the phrase ‘act or neglect’ means a culpable act in the sense of fault or whether it means any act, whether culpable or not. [2016] EWHC 3132 … Continue reading Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd and Another: ComC 7 Dec 2016
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
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
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
ambit of a permissible challenge to the validity of an arbitration award, under sections 67 and 68 of the Arbitration Act 1996 The Hon Mr Justice Tomlinson [2010] EWHC 1626 (Comm), [2010] 2 CLC 1, 132 Con LR 73, [2010] 2 Lloyds Rep 681, [2011] Bus LR D113 Bailii England and Wales Arbitration Updated: 11 … Continue reading B v A: ComC 1 Jul 2010
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 parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of services pending arbitration. The court now gave its reasons for refusing the injunction. Stuart-Smith J [2014] … Continue reading AB v CD: QBD 3 Jan 2014
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
Orders were placed for the construction of ships. They were not delivered. The buyer, the defendant, cancelled the orders. The defendants sought the loss of profit. The claimants said they were entitled only to the repayment of instalments. The arbitrator found in favour of the purchaser. The yard appealed successfully. The purchaser now appealed in … Continue reading Stocznia Gdynia Sa v Gearbulk Holdings Ltd: CA 13 Feb 2009
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
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
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 . .
Arbitration claim brought pursuant to section 67 of the Arbitration Act 1996, dealing with an arbitration of disputes arising out of a lease. . .
References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley 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, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
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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