Search Results for: Arbitration Act 1996 9

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Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009

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

West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

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

International Bulk Shipping and Services Ltd v President of India and Another: CA 11 Dec 1995

Actions to enforce arbitration awards were brought, each in the name of a ship-owning company. At the time of the arbitrations the assets of each company had vested in a trustee in bankruptcy appointed under New York law, but the trustee had persuaded the arbitrators that the companies were the proper claimants and had commenced … Continue reading International Bulk Shipping and Services Ltd v President of India and Another: CA 11 Dec 1995

Cameroon Airlines v Transnet Ltd: ComC 29 Jul 2004

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

Patel v Patel: CA 24 Mar 1999

A party applying to set a default judgment aside with associated leave to defend did not thereby take any substantial step in proceedings which would debar him from insisting that the matter be stayed pending a referral to arbitration. Citations: Times 09-Apr-1999, [1999] EWCA Civ 1080 Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales … Continue reading Patel v Patel: CA 24 Mar 1999

Slot v East Hants District Council: CA 17 Nov 1998

The claimants appealed the district judge’s decision to rescind the reference to arbitration. Held: A point of law had arisen, and the decision made was one the judge could make of his own volition, and therefore no notice had been required. Citations: [1998] EWCA Civ 1778 Jurisdiction: England and Wales Citing: Cited – Regina v … Continue reading Slot v East Hants District Council: CA 17 Nov 1998

Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others: CA 10 Sep 1998

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

Fakes v Taylor Woodrow Construction Limited: 1973

The plaintiff resisted an application for a stay of his action for an arbitration on the basis that his lack of funds would make it impossible to take part in an arbitration. Citations: [1973] QB 436 Jurisdiction: England and Wales Cited by: Cited – Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited CA … Continue reading Fakes v Taylor Woodrow Construction Limited: 1973

Elektrim SA v Vivendi Universal SA and others: ComC 19 Jan 2007

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

Malekout v Medical Sickness Annuity and Life Assurance Society Limited: CA 21 May 1998

The plaintiff sought to appeal against a stay of his action so that it could be referred to arbitration. His claim was under insurance policies containing clauses providing for arbitration of disputes. Held: The judge had failed to take account of the fact that the claimant was receiving income support as an indication of his … Continue reading Malekout v Medical Sickness Annuity and Life Assurance Society Limited: CA 21 May 1998

Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999

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

Halki Shipping Corporation v Sopex Oils Limited: CA 19 Dec 1997

The court was aked whether there was a dispute sufficient to sustain a stay of court proceedings for arbitration under the Act. Held: There was a dispute once money is claimed unless and until the defendants admit that the sum is due and payable. In arbitration proceedings a party is entitled to stay other proceedings … Continue reading Halki Shipping Corporation v Sopex Oils Limited: CA 19 Dec 1997

Cetelem Sa v Roust Holdings Ltd: QBD 29 Dec 2004

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

Davies Middleton and Davies Ltd v Toyo Engineering Corporation: CA 29 Aug 1997

Parties to a dispute agreed a way of resolving issues before arbitration. One party then sought to say that the agreement was void for uncertainty, being an agreement to agree. Held: The agreement merely set a mechansim for resolving the dispute and was valid. Citations: [1997] EWCA Civ 2318 Statutes: Arbitration Act 1996 9 Jurisdiction: … Continue reading Davies Middleton and Davies Ltd v Toyo Engineering Corporation: CA 29 Aug 1997

PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012

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

Laker Airways Inc v FLS Aerospace Ltd: ComC 20 Apr 1999

The court was asked: ‘whether a barrister who has been appointed an arbitrator by one party to the arbitration should be removed by the court on the ground that another barrister from the same chambers has been instructed in the arbitration by the appointing party’. The arbitrator had offered to recuse himself if both parties … Continue reading Laker Airways Inc v FLS Aerospace Ltd: ComC 20 Apr 1999

Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996

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

Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996

The objector sought leave to appeal. He had objected to spending on a war memorial. The district auditor when declining to intervene had given his reasons. The claimant objected that he should have waited before giving those reasons. Held: Either the reasons were validly delivered in which case the objection failed, or they were not … Continue reading Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996

Lowsley and Another v Forbes: CA 21 Mar 1996

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

Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

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

Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019

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 Republic of Korea v Dayyani and Others: ComC 20 Dec 2019

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

Minister of Finance (Incorporated) v 1Malaysia Development Berhad and Others: CA 26 Nov 2019

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

Colin Baker v Black Sea and Baltic General Insurance Co Ltd: 1995

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

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

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

CMA-CGM Marseille v Petro Broker International: CA 19 Apr 2011

Petro sought to enforce an arbitration award in its favour under a bunker contract. CMA obtained a stay on enforcement. It then offered to release the stay but on terms unacceptable to Petro. Judges: Laws, Jackson, Tomlinson LJJ Citations: [2011] EWCA Civ 461 Links: Bailii Statutes: Arbitration Act 1996 44 Jurisdiction: England and Wales Citing: … Continue reading CMA-CGM Marseille v Petro Broker International: CA 19 Apr 2011

O’Donoghue v Enterprise Inns Plc: ChD 29 Sep 2008

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

Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009

The appellants had argued that they were not subject to the construction arbitration system because they were residential occupiers. They now said that as consumers vis a vis the construction contract. Judges: Coulson J Citations: [2009] EWHC 493 (TCC) Links: Bailii Statutes: The Housing Grants (Construction and Regeneration) Act 1996 106 Jurisdiction: England and Wales … Continue reading Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009

Emmott v Michael Wilson and Partners Ltd: ComC 12 Jan 2009

The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order. Held: The conditions for a peremptory order were met, and the order should be enforced. There was also a risk … Continue reading Emmott v Michael Wilson and Partners Ltd: ComC 12 Jan 2009

Soleh Boneh International Ltd v Government of the Republic of Uganda: CA 1993

When asked to order provision of security on an application not to enforce an arbitration award, the right approach is that of a sliding scale. The court referred to assessing the strength of the argument that the award is invalid ‘on a brief consideration by the Court which is asked to enforce the award while … Continue reading Soleh Boneh International Ltd v Government of the Republic of Uganda: CA 1993

ASM Shipping Ltd of India v TTMI Ltd of England: ComC 19 Oct 2005

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 Mahkutai: PC 24 Apr 1996

(Hong Kong) The question was whether shipowners, who were not parties to the bill of lading contract between the charterers and carriers on the one part, and the cargo-owners, the bill of lading being a charterer’s bill, could enforce against the cargo-owners an exclusive jurisdiction clause contained in that contract. Held: Ship owners may not … Continue reading The Mahkutai: PC 24 Apr 1996

Eleni Shipping Ltd v Transgrain Shipping Bv: ComC 10 Apr 2019

Appeal under s. 69 of the Arbitration Act 1996 by the Claimant Owners against an award by which the majority of the tribunal rejected the bulk of the Owners’ claims against the Defendant Charterers arising out of the capture by pirates in the Arabian Sea of their Panamax bulk carrier ‘ELENI P’ Judges: Justice Popplewell … Continue reading Eleni Shipping Ltd v Transgrain Shipping Bv: ComC 10 Apr 2019

Republic of Kazakhstan v Istil Group Ltd: CA 9 Nov 2005

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

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

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

The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

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

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

Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs required would have cost far more than the repaired value of the vessel. Mocatta … Continue reading Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

Owners of the cargo lately laden on board the ship or vessel “ELPIS” v Owners of the ship or vessel “ELPIS”: AdCt 17 Oct 1997

ComC Arbitration – letter of undertaking – Arbitration section (14) of the Arbitration Act 1996 – Appeal from Admiralty Registrar – Cargo claim – application to add Plaintiff – were Defendants entitled to a stay or was the Arbitration Agreement inoperative because of the terms of a letter of undertaking? – was the expression ‘owners … Continue reading Owners of the cargo lately laden on board the ship or vessel “ELPIS” v Owners of the ship or vessel “ELPIS”: AdCt 17 Oct 1997

Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997

The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Citations: Times 22-Jul-1996, [1997] Eu LR 63, [1996] CLC 1757 Statutes: Consumer Arbitration Agreements Act 1988 Jurisdiction: England and Wales Citing: Appeal from (Affirmed) – Philip Alexander Securities and Futures Ltd v Bamberger and Others ComC 8-May-1996 ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 … Continue reading Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – section 2(a) – distinction between domestic and non-domestic consumers – discrimination – Article 6 EC – freedom to provide … Continue reading Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

Wide Application of Costs Against Third Party 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, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: CA 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

Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996

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

Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Nordstrom-Janzon v The Netherlands: ECHR 1996

The parties had settled an earlier dispute under a joint venture agreement on terms which included a provision that disputes between them should not be settled by the ordinary courts but by a special arbitration procedure. The arbitrators rejected all the claims advanced by the applicants. The applicants challenged the award in the Dutch courts … Continue reading Nordstrom-Janzon v The Netherlands: ECHR 1996

John Barker Construction Ltd v London Portman Hotel Ltd: 1996

An architect who had to decide whether to grant an extension of time under clause 25 of the JCT conditions would not have acted fairly and lawfully and his decision would be fundamentally flawed if he had not carried out a logical analysis in a methodical way of the impact of the relevant events on … Continue reading John Barker Construction Ltd v London Portman Hotel Ltd: 1996

Omnium de Traitement et de Valorisation S A v Hilmarton Ltd: ComC 24 May 1999

Whether an Award in an arbitration whose proper and curial law was Swiss should be refused enforcement in England under Section 103 of the Arbitration Act 1996 in a case where the arbitrator had expressly found that no corrupt activity was involved, but English law would not have enforced the underlying contract due to illegality … Continue reading Omnium de Traitement et de Valorisation S A v Hilmarton Ltd: ComC 24 May 1999

India Steamship Co Ltd v Arab Potash Co Ltd: ComC 12 Dec 1997

Arbitration Act 1996, Section 69(3)(d): when is it just and proper in all the circumstances for the court to determine a question raised on an application for leave to appeal; issue of construction in a one-off charterparty clause where pre-existing judicial authority as to proper construction of similar wording Judges: Colman J Citations: Unreported, 12 … Continue reading India Steamship Co Ltd v Arab Potash Co Ltd: ComC 12 Dec 1997

Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited: TCC 20 Mar 1998

‘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

West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: ComC 25 Jan 1995

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

Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions Ag (M/Y Palladium): ComC 9 May 2018

Application under section 45 of the Arbitration Act 1996 for determination by the court of a question of law arising in the course of an arbitration, namely whether an arbitration claim under a shipbuilding contract has been settled in without prejudice correspondence between the parties’ solicitors. Judges: Males J Citations: [2018] EWHC 1056 (Comm) Links: … Continue reading Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions Ag (M/Y Palladium): ComC 9 May 2018

Revenue and Customs v Frank A Smart and Son Ltd: SC 29 Jul 2019

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

Seabridge Shipping AB v AC Orssleff’s EFtF’s A/S: QBD 1999

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

McNicholas Plc v AEI Cables Limited: TCC 25 May 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

Vitol Sa v Norelf Ltd (the ‘Santa Clara’): QBD 30 Apr 1993

The parties chartered for delivery of molasses. The ship was not going to be ready for the intended start date and the charterer repudiated the contract in a telex alleging breach of condition. The market was falling rapidly. The sellers did nothing, but later sold the molasses at a substantial loss, and sought the difference. … Continue reading Vitol Sa v Norelf Ltd (the ‘Santa Clara’): QBD 30 Apr 1993

Vosnoc Ltd v Transglobal Projects Ltd: QBD 27 Aug 1997

A mere statement that a dispute was to be referred to arbitration, or a notice requiring a reference to arbitration, was not enough to constitute a reference to or commencement of an arbitration. Citations: Gazette 10-Sep-1997, Times 27-Aug-1997 Statutes: Arbitration Act 1996 12(3), Limitation Act 1980 34(3)(a) Jurisdiction: England and Wales Arbitration, Limitation Updated: 10 … Continue reading Vosnoc Ltd v Transglobal Projects Ltd: QBD 27 Aug 1997

Minmetals Germany Gmbh v Ferco Steel Ltd: ComC 1 Mar 1999

A party accepting arbitration within one country took also that country’s system for supervising the process of arbitration, and enforcing any awards made. ComC 1. Application of section 103(2)(c) Arbitration Act 1996. Applicant’s submission that it had no opportunity to meet the claim against it in the course of the arbitration. Enforcement must have been … Continue reading Minmetals Germany Gmbh v Ferco Steel Ltd: ComC 1 Mar 1999

Laker Airways Inc v FLS Aerospace Ltd and Another: ComC 21 May 1999

A barrister, appointed to act in an arbitration, was not to be prevented from acting, because another barrister in the same set acted for one of the parties. The conditions for removal of an arbitrator was as to the objective presence of bias. Judges: Rix J Citations: Times 21-May-1999, [2000] 1 WLR 113, [1999] 2 … Continue reading Laker Airways Inc v FLS Aerospace Ltd and Another: ComC 21 May 1999

Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997

The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. Citations: Gazette 16-Jul-1997, Times 13-Oct-1997, [1998] 1 Lloyd’s Rep 465 Statutes: Arbitration Act 1996 9(4) … Continue reading Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997

Georgiou and Another v Commissioners of Customs and Excise: QBD 19 Oct 1995

The VAT tribunal may assess whether the Commissioner had acted on the basis of his best judgment. Evans LJ discussed appeals on fact disguised as appeals on law: ‘There is a well-recognised need for caution in permitting challenges to findings of fact on the ground that they raise this kind of question of law. That … Continue reading Georgiou and Another v Commissioners of Customs and Excise: QBD 19 Oct 1995

A v A (Arbitration: Guidance): FD 9 Jul 2021

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

Arcadia Group Ltd and Others v Telegraph Media Group Ltd: QBD 8 Feb 2019

Claimant’s application for leave to withdraw request for injunction to prevent publication of stories regarding matters subject to non-disclosure agreements. Held: Granted. An junction had been granted, but Lord Hain had disclosed protected name in the House of Lords under the cover of parliamentary privilege. Warby J [2019] EWHC 223 (QB) Bailii England and Wales … Continue reading Arcadia Group Ltd and Others v Telegraph Media Group Ltd: QBD 8 Feb 2019

Parry v Cleaver: HL 5 Feb 1969

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

Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

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 v B: 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

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

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

Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

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

Regina v Cripps; Ex parte Muldoon: CA 1984

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

British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

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

Birse Construction Limited v St David Limited: TCC 12 Feb 1999

There are four approaches to deciding whether an arbitration agreement exists to which section 9 applies:- (1) to determine on the evidence before the court that such an agreement does exist in which case (if the disputes fall within the terms of that agreement) a stay must be granted, in the light of the mandatory … Continue reading Birse Construction Limited v St David Limited: TCC 12 Feb 1999