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
An impecunious plaintiff who resisted an application to stay proceedings in order to allow an arbitration can be required to show the cause of his inability to fund the action. Judges: Master of the Rolls, Aldous and Brooke LJJ Citations: Gazette 05-Feb-1997, Times 09-Dec-1996, [1996] EWCA Civ 1023, [1997] QB 674 Links: Bailii Statutes: Arbitration … Continue reading Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996
Application for summary judgment in application to enforce arbitration award under the Act. Citations: [2000] EWHC Technology 67 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 Construction Updated: 13 June 2022; Ref: scu.201820
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
Judges: Mr Justice Calver Citations: [2022] EWHC 586 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 22 April 2022; Ref: scu.674649
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 appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
Judges: Simon J Citations: [2007] EWHC 2851 (Comm), [2007] ArbLR 13 Links: Bailii Statutes: Arbitration Act 1996 67(1)(a) Jurisdiction: England and Wales Arbitration, Jurisdiction Updated: 07 December 2022; Ref: scu.261823
Judges: The Hon Mr Justice Butcher Citations: [2022] EWHC 2641 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 03 November 2022; Ref: scu.682072
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
The parties had agreed for a ship to be built. The sellers now challenged an arbitral award, saying that the arbitrators did not have jurisdiction. Judges: David Steel J Citations: [2011] EWHC 164 (Comm), [2011] ArbLR 4, [2011] 2 All ER 789, [2011] 2 All ER (Comm) 789 Links: Bailii Statutes: Arbitration Act 1996 67 … Continue reading Nanjing Tianshun Shipbuilding Co Ltd v Orchard Tankers Pte Ltd: ComC 11 Feb 2011
Citations: [2006] EWHC 1360 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 14 October 2022; Ref: scu.242912
Judges: The Honourable Mr Justice Colman Citations: [2004] EWHC 1625 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Cited by: Cited – Wiltshire v Powell and others CA 7-May-2004 The claimant sought a declaration as to the ownership of an aircraft. Saying he had bought it in good faith from E … Continue reading Westland Helicopters Ltd v Sheikh Al-Hejailan: QBD 13 Jul 2004
Judges: Mr Justice Picken Citations: [2022] EWHC 1953 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 23 August 2022; Ref: scu.679873
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
Claims following explosion on ship – dangerous cargo. Judges: Aikens J Citations: [2005] EWHC 2399 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67, Carriage of Goods by Sea Act 1992 2(1)(a) Transport Updated: 04 July 2022; Ref: scu.234542
Citations: [2005] EWHC 92 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 29 June 2022; Ref: scu.222220
The court considered a complaint that the arbitration award was faulty or lack of jurisdiction under the agreement founding it. Judges: Mr Justice Colman Citations: [2004] EWHC 2909 (Comm), [2005] 1 Lloyd’s Law Reports 192 Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Cited by: See Also – Econet Wireless Ltd v … Continue reading Vee Networks Limited v Econet Wireless International Limited: QBD 14 Dec 2004
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
Judges: Tomlinson J Citations: [2006] EWHC 1722 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 11 June 2022; Ref: scu.245193
Judges: Mr Justice Colman Citations: [2004] EWHC 245 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Cited by: See also – Ronly Holdings Ltd. v Jsc Zestafoni G Nikoladze Ferroalloy Plant ComC 22-Jun-2004 . . Lists of cited by and citing cases may be incomplete. Arbitration Updated: 09 June 2022; Ref: … Continue reading JSC Zestafoni G Nikoladze Ferroalloy Plant v Ronly Holdings Ltd: ComC 16 Feb 2004
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
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 place of arbitration, the juridical seat, was necessarily and inherently established at the time when an arbitration began, and could not subsequently be moved, save with the consent of the parties. Until the point where the arbitration commenced, the juridical seat could be established as required under the Act by looking at all the … Continue reading Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc: QBD 24 Nov 2000
The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to jurisdiction which was susceptible to challenge, and the respondents asserted that it was a … Continue reading LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001
Application by RVR Investments (Pty) Limited and KU Railways Holdings Limited (the ‘Shareholders’) to be joined as parties to the proceedings under CPR rule 19.4 – or more correctly CPR rule 19.2. The underlying proceedings are a challenge under section 67 of the Arbitration Act 1996 brought by the Claimant, the Republic of Uganda (‘Uganda’) … Continue reading Republic of Uganda v Rift Valley Railways (Uganda) Ld and Others: ComC 11 Dec 2020
T The Claimants made nine challenges to parts of an arbitration award made variously under the provisions of sections 67, 68 and 69 of the 1996 Act. Judges: Popplewell J Citations: [2018] EWHC 822 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 68 69 Jurisdiction: England and Wales Arbitration Updated: 13 April 2022; Ref: scu.609096
Burton J [2015] EWHC 3158 (Comm) Bailii Arbitration Act 1996 67 Arbitration Updated: 06 January 2022; Ref: scu.554583
Application by S, a Russian businessman, to strike out a challenge to an award brought by K pursuant to sections 67 and 68 of the Arbitration Act 1996. The ground of the application to strike out is that the applications pursuant to sections 67 and 68 of the Arbitration Act 1996 (jurisdiction and serious irregularity) … Continue reading K v S: ComC 9 Jul 2015
Challenge to arbitration award – made without jurisdiction. Held: Rejected. Mr. A signed the 2008 Agreement. Article 2.10 of that agreement contained an arbitration clause which bound Mr. A and conferred jurisdiction on the LCIA tribunal. The application under section 67 of the Arbitration Act 1996 must therefore be dismissed. Teare J [2015] EWHC 1944 … Continue reading A v B: ComC 9 Jul 2015
Mrs Justice Moulder [2021] EWHC 628 (Comm) Bailii Arbitration Act 1996 67 68 England and Wales Arbitration Updated: 30 December 2021; Ref: scu.667382
The Claimant applied under s.67 of the 1996 Act to set aside the First Final Arbitration Award and for a declaration that the Tribunal was not properly constituted. Hamblen J [2015] EWHC 194 (Comm) Bailii Arbitration Act 1996 67 Arbitration Updated: 27 December 2021; Ref: scu.542273
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
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
Field J [2006] EWHC 1664 (Comm), [2006] ArbLR 20 Bailii Arbitration Act 1996 67 68 69 England and Wales Citing: See Also – Vee Networks Limited v Econet Wireless International Limited QBD 14-Dec-2004 The court considered a complaint that the arbitration award was faulty or lack of jurisdiction under the agreement founding it. . . … Continue reading Econet Satellite Services Ltd v Vee Networks Ltd: ComC 13 Jul 2006
Defamation allegation not subject to arbitration The parties had an agreement referring disputes between them to arbitration. One party raised an allegation of defamation, but the arbitrator refused jurisdiction. The parties had chosen the London Metal Exchange for its expertise in metals trading, not defamation. Held: The choice of the LME did indicate the intention … Continue reading S Ltd v C Ltd: ComC 27 Feb 2009
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 . .
The Claimant sought under s. 67 Arbitration Act 1996 the setting aside of a decision of the arbitral panel in a London-seated arbitration, together with declarations as to the lack of standing of what it described as the former management of the Defendant company to manage and control that company. Judges: Mr Justice Butcher Citations: … Continue reading The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021
Judges: Mr Justice Picken Citations: [2022] EWHC 1645 (Comm), [2022] WLR(D) 286, [2022] Bus LR 726 Links: Bailii, WLRD Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 23 November 2022; Ref: scu.678814
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 claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003
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
Whether the failure of a party to comply with a term of an arbitration agreement that the parties should first seek to mediate a settlement of their dispute before referring the dispute to arbitration results in the arbitral tribunal not having jurisdiction to hear the dispute at all (so as to be susceptible to challenge … Continue reading NWA and Another v NUF and Others: ComC 8 Oct 2021
Citations: [2006] EWCA Civ 1737, [2007] BLR 67, [2007] BusLR D1, 114 Con LR 81 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 108(1) Jurisdiction: England and Wales Construction, Arbitration Updated: 31 October 2022; Ref: scu.247486
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
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 claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007. Held: The defendant had agreed to a binding arbitration. The claimant was enttled to the injunctive … Continue reading Sheffield United Football Club Ltd v West Ham United Football Club Plc: ComC 26 Nov 2008
The court considered an issue as to the primacy of the powers of the court contained in sections 67 and 68 (‘sections 67 and 68’) of the Arbitration Act 1996. Judges: Sir Geoffrey Vos, Chancellor of the High Cour Citations: [2019] EWCA Civ 2080 Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration … Continue reading Minister of Finance (Incorporated) v 1Malaysia Development Berhad and Others: CA 26 Nov 2019
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
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
Issues concerning sections 67 and 69 of the Arbitration Act 1996. It first concerns the application of the Claimant (the ‘Owners’) pursuant to section 67 of the Arbitration Act 1996 (‘1996 Act’) for an order setting aside a London arbitral tribunal’s final award on jurisdiction dated 2 March 2020, by which it held that it … Continue reading Lavender Shipmanagement Inc v Ibrahima Sory Affretement Trading SA and Others: ComC 16 Dec 2020
‘This application raises a short but important issue as to the propriety of a reference to adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (‘the 1996 Act’) of a dispute which, at the time of the reference, is already the subject of pending court proceedings. It is contended on … Continue reading Herschel Engineering Ltd v Breen Property Ltd: TCC 14 Apr 2000
The parties had agreed for the provision of security for costs to cover thr proceedings save for any appeal. The defendant appealed an order refusing jurisdiction to vary that order. Held: The appeal succeeded. The court retained a jurisdictio to make an order for security for costs, and that jurisdiction was not lost for the … Continue reading Republic of Kazakhstan v Istil Group Ltd: CA 9 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
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 appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002
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 claimant appealed an order staying its action on the basis that the agreement between the parties provided for arbitration in Sweden. Shares had been purchased, and the claimant said that because of misrepresentations by the respondent, they had paid six times the true value. There had been a Confidential Information Memorandum upon which both … Continue reading Capital Trust Investment Limited v Radio Design AB and others: CA 15 Feb 2002
Judges: Mr Justice Foxton Citations: [2022] EWHC 331 (Comm) Links: Bailii Statutes: Arbitration Act 1996 44 Jurisdiction: England and Wales Arbitration Updated: 30 May 2022; Ref: scu.677565
Application for relief under s.72(1) of the Arbitration Act 1996 Judges: Mr Justice Foxton Citations: [2022] EWHC 1168 (Comm) Links: Bailii Statutes: Arbitration Act 1996 72(1) Jurisdiction: England and Wales Arbitration Updated: 29 May 2022; Ref: scu.677751
cw Arbitration – award – limitation period – cause of action arising – implied promise to perform award – breach – RSC Order 15 r.6 – misjoinder and non-joinder of party – principles – RSC Order 15 r.6 – joinder of party – proceedings a nullity – no power Judges: Waller J Citations: 16 February … Continue reading International Bulk Shipping and Services Ltd v The Mineral and Metals Trading Company of India; International Bulk Shipping and Services Ltd v The President of India; Himoff Maritime Enterprises Ltd v The President of India: ComC 16 Feb 1994
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
PC (New Zealand) Costs were sought against a non-party, following an earlier determination by the Board. Held: Jurisdiction to make such an order was not complete. Where the order sought was against a non-party (and, indeed, the first such order to be sought in the proceedings), it is supplemental to the judgment already pronounced and … Continue reading Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2): PC 21 Jul 2004
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
Whether defendant appointed surveyors had jurisdiction to make award under the 1996 Act. Judges: Mr Justice Eyre Citations: [2022] EWHC 209 (QB) Links: Bailii Statutes: Party Wall etc Act 1996 Jurisdiction: England and Wales Arbitration Updated: 20 April 2022; Ref: scu.671991
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
Application by the Government of STA (‘STA’) under CPR r. 62(9) for an extension of time to bring a challenge under s. 68 Arbitration Act 1996 (‘the Act’) in respect of a Final Award Judges: Mr Justice Butcher Citations: [2021] EWHC 1574 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 15 April 2022; Ref: … Continue reading STA v OFY: ComC 8 Jun 2021
Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022
Whether debarred from containing a compulsory stay – steps taken? Judges: HHJ Richard Williams (Sitting as a Judge of the High Court) Citations: [2022] EWHC 496 (Ch) Links: Bailii Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales Arbitration Updated: 10 April 2022; Ref: scu.674534
‘A book has been cited to me: Harris Plantrose and Teck on the Arbitration Act 1996 . It explains, without giving its source, those words ‘not covered by legal provisions’. What is said is that those words were inserted to take account of particular situations in the Netherlands, Portugal and, it is believed, also Spain, … Continue reading Zealander and Zealander v Laing: 19 Mar 1999
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
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
Appeal against a decision staying the Appellants’ claim against the Respondents for trade mark infringement and passing off pursuant to the power contained in Section 9 of the Arbitration Act 1996. The appeal raises a number of issues of conflict of laws in relation to arbitration agreements and the assignment of trade marks. Judges: Lord … Continue reading Lifestyle Equities Cv and Another v Hornby Street (MCR) Ltd and Others: CA 26 Jan 2022
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
Abuse of Process and Re-litigation 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 this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
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
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
Appeal against refusal of order that the ICC did not have jurisdiction to hold a proposed arbitration between the parties. Moore-Bick VP CA, Lewison, Hayden LJJ [2015] EWCA Civ 1171 Bailii Arbitration Act 1996 England and Wales Arbitration Updated: 06 January 2022; Ref: scu.554673
Application under section 67 of the Act, seeking to set aside a final merits award of an ICC Tribunal [2015] EWHC 1452 (Comm) Bailii Arbitration Act 1996 England and Wales Arbitration Updated: 30 December 2021; Ref: scu.546999
The court was asked: ‘On a challenge to an arbitration award under section 67 of the Arbitration Act 1996, in what circumstances can the court prevent a party from relying on evidence which is relevant and admissible, but was not adduced before the arbitrators? Does it matter that the party who now seeks to rely … Continue reading Central Trading and Exports Ltd v Fioralba Shipping Company: ComC 16 Jul 2014
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
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
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 respondent insurers had been held liable in Washington, and had been granted indemnity against the appellants by the Court of Appeal. The insurance contract had been under the law of Pennsylvania, but that of the re-insurance under the law of England and Wales. Held: The claimant’s appeal succeeded. The re-insurance contract was governed by … Continue reading Lexington Insurance Co v AGF Insurance Ltd: HL 30 Jul 2009
The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory provisions said that her freedom to go to court could not be ousted, and that … Continue reading Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 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
Contract Damages; What follows the Breach Naturaly The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to quit an agricultural tenancy. Held: The notice had … Continue reading Mason v Boscawen: ChD 18 Dec 2008
Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
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
Application by the Claimants for the removal of the Third Defendant as an arbitrator pursuant to s.24(1)(a) of the 1996 Act, on the grounds that circumstances exist that give rise to justifiable doubts as to his impartiality. The Defendants dispute the existence of such circumstances, and contend in the alternative that the Claimants have lost … Continue reading Sierra Fishing Company and Others v Farran and Others: ComC 30 Jan 2015
Y sought an order under section 70 of the 1996 Act that X provide security for Y’s costs of resisting X’s challenges (pursuant to sections 67 and 68 of the Arbitration Act 1996) to an award of London arbitrators and make a payment into court of the sum awarded by the arbitrators. Teare J [2013] … Continue reading X v Y: ComC 7 May 2013
Application for a stay of proceedings in accordance with s.9 Arbitration Act 1996 and/or in accordance with the Court’s inherent jurisdiction to stay proceedings. The parties had entered into a number of contracts and it is necessary to determine . .
Application to set aside an arbitration award for serious irregularity pursuant to section 68(2) of the Arbitration Act 1996 . .
