Enforcement of registration of result of family law arbitration. Judges: Mr Justice Mostyn Citations: [2021] EWHC 1889 (Fam), [2021] WLR(D) 388, [2021] 1 WLR 5393 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 25, Arbitration Act 1996 68 69 Jurisdiction: England and Wales Family Updated: 30 January 2022; Ref: scu.665991
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
Judges: Teare J Citations: [2009] EWHC 1975 (Comm), [2010] 1 Lloyds Rep 183, [2009] 2 CLC 446 Links: Bailii Statutes: Arbitration Act 1996 68 69 70 Jurisdiction: England and Wales Cited by: See Also – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010 The courts do not approach arbitration … Continue reading Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009
Where it is claimed that the arbitral tribunal adopted improper procedures to determine an issue, the court should decline to try the issue in order to establish whether substantial injustice has in fact been caused. Judges: Langley J Citations: [2004] EWHC 1829 (Comm) Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales … Continue reading Cameroon Airlines v Transnet Ltd: ComC 29 Jul 2004
Judges: Sir Ross Cranston Citations: [2021] EWHC 472 (Comm) Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales Arbitration Updated: 04 December 2022; Ref: scu.660089
Judges: Mr Justice Burton Citations: [2009] EWHC B8 (Comm), [2009] EWHC 977 (Comm), [2009] 1 CLC 807 Links: Bailii, Bailii Statutes: Arbitration Act 1996 68 Jurisdiction: England and Wales Arbitration Updated: 04 December 2022; Ref: scu.416211
Judges: Mr Justice Aikens Citations: [2007] EWHC 11 (Comm), [2007] 1 Lloyd’s Rep 693, [2007] BusLR D69, [2007] ArbLR 19 Links: Bailii Statutes: Arbitration Act 1996 68(2)(g) 80(5), Civil Procedure Rules 62.9(1)(a) Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.248268
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
The claimant challenged the arbitration for serious irregularity. Judges: Teare J Citations: [2011] EWHC 93 (Comm), [2011] ArbLR 3 Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales Arbitration Updated: 06 November 2022; Ref: scu.428540
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
The parties had agreed to an arbitration subject to the condition that the reasons given were not to form any basis for appeal. The reasons were published separately from the award. Held: The appeal was based upon an assertion which could only be supported by reference to the reasons. The parties were bound by their … Continue reading Tame Shipping Ltd v Easy Navigation Ltd: QBD 28 Jul 2004
The tenant sought to appeal against an arbitration award as to his rent. He said that the arbitrator should have allowed him an oral hearing. Held: The claim failed: ‘the fact that the Arbitrator might have come to a different conclusion if there had been an oral hearing does not begin to establish that the … Continue reading O’Donoghue v Enterprise Inns Plc: ChD 29 Sep 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 claimant sought rmission of part of the final award. Held: Coulson J said: ‘It is not, I think, for the arbitral tribunal to hunt through the contract and find other ways in which the claimant’s claim might be put, and then offer the claimant a further opportunity to make submissions on any provision thereby … Continue reading F Ltd v M Ltd: TCC 11 Feb 2009
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
Each party challenged elements of an arbitration award. Judges: Ramsey J Citations: [2007] EWHC 1749 (TCC), [2007] 2 All ER (Comm) 694, [2006] 2 Lloyds 1, [2006] 1 All ER (Comm) 529, [2007] ArbLR 39, [2007] BLR 391, (2007) 114 Con LR 1 Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales … Continue reading London Underground Ltd v Citylink Telecommunications Ltd: TCC 20 Jul 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 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
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
Proceedings before an arbitrator were governed by rule 62.10, which provided its own entire code, and imposed a presumption in favour of privacy. The principles of Scott v Scott need not apply. Scott would now be decided under analogous reasonings under the Human Rights Act. Judges: Cooke J Citations: Times 01-Sep-2003 Statutes: Civil Procedure Rules … Continue reading Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003
‘A tribunal does not act fairly and impartially if it does not give a party an opportunity of dealing with arguments which have not been advanced by either party’. Judges: His Honour Judge Humphrey Lloyd Qc Citations: [1998] 3 All ER 730 Statutes: Arbitration Act 1996 68 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited: TCC 20 Mar 1998
Flaux J [2014] EWHC 875 (Comm) Bailii Arbitration Act 1996 68 Arbitration Updated: 02 December 2021; Ref: scu.523435
kaneira)ecbComc0514 The claimant, a professional cricketer disciplined for alleged match fixing, sought to challenge the results of an arbitration of his dispute with the respondent. He alleged a serious irregularity in that the Arbitral Panel had exceeded its powers in the punishments imposed. Held: The application for leave was refused. Though he was bound by … Continue reading Kaneria v The English and Wales Cricket Board Ltd: ComC 6 May 2014
Alleged Serious Irregularity in Arbitration The claimant as tenant challenged an arbitration award alleging serious irregularities in the arbitration process under section 68 of the 1996 Act. The court considered whether at the time of service of the notice the land must then be required for use. Held: No serious irregularity was shown. Jarman QC … Continue reading Rees v Windsor-Clive and Others: ChD 11 Nov 2020
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
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
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
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
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
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
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
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
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 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 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
Insurance and the reinsurance policies were back to back. Held: Potter J. said ‘the reinsurer is not liable if the claim settled does not fall within the risks covered by the policy of reinsurance as a matter of law’.Potter J. accepted as correct the proposition, conceded by counsel for the reinsurers, that under a contract … Continue reading Colin Baker v Black Sea and Baltic General Insurance Co Ltd: 1995
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
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
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
Application to remit award. Judges: Sales J Citations: [2008] EWHC 2925 (Ch) Links: Bailii Statutes: Arbitration Act 1996 868 Jurisdiction: England and Wales Arbitration Updated: 21 July 2022; Ref: scu.278842
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 at first instance had dismissed the ship-owner’s application to set aside the arbitration award, and then refused leave to appeal. The court of appeal had to consider whether it had jurisdiction itself to hear an application for leave. Held: A decision that a right has been waived under section 73 is a decision … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: CA 16 Oct 2006
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
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 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
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
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
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
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
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 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
Ormrod LJ said: ‘But it must be a matter entirely for the judge to look at all the facts and the financial situation of each party and taking into account the fact that they made this agreement which to my mind is a very important piece of conduct under section 25 of the Matrimonial Causes … Continue reading Brockwell v Brockwell: CA 5 Nov 1975
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
cw Contract – contractual rights – fulfilment of conditions – freedom to fulfil bargain – court action precluded – ouster clauses – arbitration – term – construction – one party sole arbitrator of construction – contrary to public policy – exceptions – international contract – public policy – applicationThe parties disputed a contract providing compensation … Continue reading West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: ComC 25 Jan 1995
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
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
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 claimant had subcontracted to supply cabling on the defendant’s project. The contract provided both for the exclusive jurisdiction of the English courts but also for arbitration. The defendant applied for the action to be stayed and referred to arbitration. The claimant said the clause was ineffective being uncertain within s9 of the 1996 Act, … Continue reading McNicholas Plc v AEI Cables Limited: TCC 25 May 1999
Application under s. 68(2)(d) of the Arbitration Act 1996 in which the Claimant alleges serious irregularity in the Award of an arbitral tribunal because the tribunal failed to deal with all the issues that were put it. Judges: Jefford J Citations: [2017] EWHC 348 (TCC) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 23 March … Continue reading Symbion Power Llc v Venco Imtiaz Construction Company: TCC 10 Mar 2017
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
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
Application by the Claimants, who were receivers of a steel cargo, for a declaration that their claim against the Respondents, who were the owners of the carrying ship, is not time-barred. In the alternative, the Claimants seek an extension of time to commence arbitration proceedings pursuant to Section 12 of the Arbitration Act 1996. David … Continue reading Thyssen Inc v Calypso Shipping Corp Sa: ComC 23 Jun 2000
No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981
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
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
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
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 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
The Elections Commissioner had sought, some time after his order on a petition, to clarify the order from costs. Held: The Commissioner, and in turn Keith J, had been wrong to consider themselves not bound by Muldoon. What Mr Cripps (the Commissioner) had purported to do went far beyond what the slip rule permitted so … Continue reading Regina v Cripps; Ex parte Muldoon: CA 1984
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
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
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
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
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
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
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
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008
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
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 House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies. Held: The question remained whether the arbitrator had exceeded its powers, not whether they had been wrongly exercised. An error of law … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: HL 30 Jun 2005
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 to set aside an arbitration award for serious irregularity pursuant to section 68(2) of the Arbitration Act 1996 . .
The applicants sought to remove a sole arbitrator and to challenge a partial award for serious irregularity under section 68(1) of the Act. . .
Challenge by the claimant under s.68 of the 1996 Act to an award entitled ‘Final Award on Merits’ founded on an assertion by TRK that the Tribunal awarded damages to the defendants by reference to an argument that the defendants had not advanced . .
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
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
