The court considered the recoverability of the fees an arbitrator appointed under the 1996 Act, were the award had been determined unenforceable for a breach of the rules of natural justice. Held: The appeal against an order for payment of he fees succeeded. The arbitrator had not fulfilled the contract for which he had been … Continue reading PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012
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
A contract had been set up to provide compensation for oil pollution losses. It was between oil companies who contributed to the fund and its administrators, Cristalwho was to ‘be the sole judge in accordance with these terms of the validity of any claim made hereunder’. The claimant association made a claim which Cristal rejected. … Continue reading West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: CA 1996
In the course of a settlement of divorce proceedings, a wife agreed to withdraw her claim for maintenance. She sought to re-open it. Held: the principle of Hyman v. Hyman applied, notwithstanding that the agreement between the parties had been approved by the court, under section 5 of the 1963 Act. Sir Gordon Willmer said: … Continue reading Wright v Wright: 1970
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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
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
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: 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
An agreement giving to a ‘sole judge’ the power to make a final decision was effective, and there was no appeal from his decision. The defendant’s decision in his capacity as Convention administrator was as a final arbiter and was unreviewable. Held: The appeal was allowed. The agreement was unusual, but the decisions was final … Continue reading West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995
The Court of Appeal has jurisdiction to hear an appeal against a judge’s grant or refusal of an order staying court proceedings where arbitration was sought by one party under an agreement. Judges: Hobhouse LJ Citations: Times 22-Oct-1998, Gazette 28-Oct-1998, [1998] EWCA Civ 1460, [1999] 1 WLR 270, [1999] CLC 165 Links: Bailii Statutes: Arbitration … Continue reading Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others: CA 10 Sep 1998
Application for a declaration that an insurance contract did not include an effective insurance contract. Judges: The Honourable Mrs Justice Gloster Citations: [2006] EWHC 216 (Comm), [2006] ArbLR 7 Links: Bailii Statutes: Arbitration Act 1996 7291)(a) Jurisdiction: England and Wales Arbitration Updated: 25 November 2022; Ref: scu.245702
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
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are particular. There must be a good reason … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999
The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head charterers. Construction of the meaning and effect of an off-hire clause contained in a time charter. Held: … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013
Practice and Procedure – Postponement or Stay – Transfer/Hearing Together An employment judge had erred in law in deciding that he lacked jurisdiction to determine a claim under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) arising between the claimant and the insurer of the insolvent first respondent. The employment tribunal was … Continue reading Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019
The 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 applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
The respondents to the arbitration admitted breaches of contracts that raised some issue as to the amount of damages payable. The arbitrators made an award on the basis that the admission of liability was not justified. Held: It was a clear case, and only necessary for Mr Justice Colman to state the central principle of … Continue reading Pacol Ltd v Joint Stock Co Rossakhar: 2000
Lord Phillips CJ expressed his own doubts about whether section 103(2) gives the court a broad discretion to allow enforcement of an award where one of the grounds set out in that subsection has been established. Citations: [2006] EWCA Civ 222, [2006] 1 Lloyd’s Rep 701 Links: Bailii Statutes: Arbitration Act 1996 101(2) Jurisdiction: England … Continue reading Kanoria and others v Guinness: CA 21 Feb 2006
An arbitration process which sought to join parties who denied being part of the contract for arbitration could not itself decide the contractual power to enforce the arbitration. Accordingly the High Court had no jurisdiction either to apply the arbitration exception to the Convention, or to act under its own practice direction, or to serve … Continue reading Vale Do Rio Doce Navegacao SA and another v Shanghai Bao Steel Ocean Shipping Co Ltd and Others: QBD 14 Apr 2000
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘ Held: A foreign arbitration award could be enforced within the UK only to the extent that the arbitration was subject to some international convention. Judges: Tuckey LJ, … Continue reading Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd: CA 21 Oct 2008
The claimant had obtained an arbitration award, and a without notice order for its enforcement. The defendant applied for it to be set aside on the basis that no law had been agreed which would set the basis for the arbitration, and that the award was not enforceable against the defendant as a nation. Judges: … Continue reading Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan: ComC 1 Aug 2008
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 claimant sought an order under section 44 and an order for committal of the defendant for contempt. Judges: Sir William Blackburne Citations: [2014] EWHC 4499 (Ch) Links: Bailii Statutes: Arbitration Act 1996 44 Jurisdiction: England and Wales Arbitration, Contempt of Court Updated: 19 July 2022; Ref: scu.550170
‘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
An arbitrator hearing a case, and who appreciated that counsel had failed to take a point, should draw counsel’s attention to the point. No duty could arise if the arbitrator did not himself see the point. An applicant under section 68 faces a high hurdle in establishing serious irregularity, reflecting the reluctance of the courts … Continue reading Bandwidth Shipping Corporation v Intaari (‘Magdalena Oldendorrf’): CA 17 Oct 2007
The parties disputed whether their claim should be arbitrated. Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The arbitrator does not have jurisdiction to decide this issue; the court alone does. Nor … Continue reading Fiona Trust and Holding Corp and others v Privalov and others: ComC 20 Oct 2006
Judges: Peter Coulson QC Citations: [2006] EWHC 1708 (TCC) Links: Bailii Statutes: Housing Grants Construction & Regeneration Act 1996 Jurisdiction: England and Wales Construction, Arbitration Updated: 07 July 2022; Ref: scu.244136
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure. Held: The issue of currency … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003
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
Application for court to nominate arbitrator. Judges: The Hon Mr. Justice Moore-Bick Citations: [2005] EWHC 455 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Citing: See Also – Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd ComC 18-Dec-2003 . . See Also – Through Transport Mutual Insurance … Continue reading Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd: ComC 21 Mar 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
Judges: Mr Justice Hamblen Citations: [2012] EWHC 166 (Comm), [2013] Bus LR D9 Links: Bailii Statutes: Arbitration Act 1996 69 70(4) Jurisdiction: England and Wales Arbitration Updated: 23 March 2022; Ref: scu.451217
Application for an order under section 44 Sir William Blackburne [2015] EHWC 483 (Ch) Bailii Arbitration Act 1996 44 England and Wales Arbitration Updated: 23 January 2022; Ref: scu.570004
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
Lord Justice Ward [2002] EWCA Civ 270, [2002] TCLR 21, [2002] BLR 217, [2002] CLC 905, [2002] CILL 1841, [2002] 1 WLR 2344, (2002) 18 Const LJ 425, 83 Con LR 99 Bailii Housing Grants, Construction and Regeneration Act 1996 England and Wales Construction, Arbitration Updated: 03 January 2022; Ref: scu.654551
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
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
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
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
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 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
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
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
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
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 court considered what would amount to a contract in writing under the 1996 Act. Ward LJ said: ‘Section 107(2) gives three categories where the agreement is to be treated in writing. The first is where the agreement, whether or not it is signed by the parties, is made in writing. That must mean where … Continue reading RJT Consulting Engineers Ltd v DM Engineering (NI) Ltd: CA 8 Mar 2002
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
Application to set aside an arbitration award for serious irregularity pursuant to section 68(2) of the Arbitration Act 1996 . .
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
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 . .
Case management conference in relation to how to progress applications made by certain defendants to staying the proceedings against them pursuant to section 9 of the Arbitration Act 1996. . .
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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