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Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

A defence of Issue Estoppel was not available where the issue which was claimed to have been decided had been made under an unclear foreign procedure. It was also essential that the issue in respect of which an estoppel was now asserted had been a finding necessary to the judgment to be relied upon: ‘The … Continue reading Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

Acts

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A and Another v C and Others: ComC 31 Jul 2020

Judges: His Honour Judge Mark Pelling QC Citations: [2020] EWHC 3045 (Comm) Links: Bailii Statutes: Arbitration Act 1996 33 68(2) 73 Jurisdiction: England and Wales Costs, Arbitration Updated: 18 November 2022; Ref: scu.682743

AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant Jsc: ComC 16 Apr 2010

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

Jivraj v Hashwani: SC 27 Jul 2011

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

ED and F Man Sugar Ltd v Belmont Shipping Ltd: ComC 18 Nov 2011

Allegation of serious irregularity in arbitration. Held: The request was refused: ‘the present case can hardly be said to be an extreme case which justice calls out to be corrected.’.‘Arbitrators are not barred from asking a party whether it has considered raising a different case from that which it has advanced but section 33 of … Continue reading ED and F Man Sugar Ltd v Belmont Shipping Ltd: ComC 18 Nov 2011

Aoot Kalmneft v Glencore International Ag and Another: ComC 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: ComC 27 Jul 2001

Sinclair v Woods of Winchester Ltd Harrison: QBD 14 Jul 2005

The court set out the principles applicable in an application under section 68: ‘a) Perhaps the best summary of the applicable principles relating to section 68 generally, which lies at the heart of these applications is by His Honour Judge Humphrey Lloyd QC in Weldon Plant Ltd. v. The Commission for the New Towns [2000] … Continue reading Sinclair v Woods of Winchester Ltd Harrison: QBD 14 Jul 2005

Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012

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

Kennedy v The Charity Commission: SC 26 Mar 2014

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

Emmott v Michael Wilson and Partners Ltd: ComC 12 Jan 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

Deutsche Bank Ag v Tongkah Harbour Public Company Ltd: QBD 24 Aug 2011

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

Bandwidth Shipping Corporation v Intaari (‘Magdalena Oldendorrf’): CA 17 Oct 2007

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

BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005

The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on his part to allow such an order. Held: ‘It is not a requirement … Continue reading BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

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

Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

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

Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004

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

Warborough Investments Ltd v S Robinson and Sons (Holdings) Ltd: CA 10 Jun 2003

The applicant sought remission of the decision of the arbitrator on a rent review. The arbitrator had taken a different approach from that suggested by either party’s expert. Held: Arbitrators should be give a wide margin of appreciation. Even if there had been an irregularity, the arbitrator had not gone so far wrong in coming … Continue reading Warborough Investments Ltd v S Robinson and Sons (Holdings) Ltd: CA 10 Jun 2003

Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001

In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was … Continue reading Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001

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

Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

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

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

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

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

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

Konkola Copper Mines Plc v U and M Mining Zambia Ltd: ComC 2 Jul 2014

Applications on behalf of the defendant for (i) security for costs pursuant to s70(6) of the Arbitration Act 1996 in relation to challenges made by the claimant to an arbitration award; and (ii) security for certain sums due under such award pursuant to s70(7) of the 1996 Act. Eder J [2014] EWHC 2146 (Comm) Bailii … Continue reading Konkola Copper Mines Plc v U and M Mining Zambia Ltd: ComC 2 Jul 2014

Minister of Finance (Incorporated) and Another v International Petroleum Investment Company and Another: ComC 4 Nov 2021

This unusual arbitration claim seeks to challenge under s.67 or s.68 of the Arbitration Act 1996 (‘the Act’) a Consent Award dated 9 May 2017 by which an LCIA arbitration between the parties, LCIA Ref. 163357 (‘Arbitration 1’), was concluded. Mr Justice Andrew Baker [2021] EWHC 2949 (Comm) Bailii Arbitration Act 1996 67 68 England … Continue reading Minister of Finance (Incorporated) and Another v International Petroleum Investment Company and Another: ComC 4 Nov 2021

Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

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

National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009

Implied promise to pay arbitral award The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time. Held: A party can enforce an award either by ordinary action as an action founded upon … Continue reading National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009

Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan: SC 3 Nov 2010

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

Guangzhou Dockyards Co Ltd v Ene Aegiali I: ComC 5 Nov 2010

No appeal on facts from award The defendant ship owners sought to strike out the claimant’s appeal against an arbitration award to the extent that that appeal consisted of an appeal against the factual findings. The claimant argued that the parties had agreed that such an appeal would be possible, and that they had been … Continue reading Guangzhou Dockyards Co Ltd v Ene Aegiali I: ComC 5 Nov 2010

Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

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

Henderson v Henderson; 20 Jul 1843

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

law index

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