Reasons for refusal of relief under section 44. Phillips J  EWHC 2196 (Comm) Bailii Arbitration Act 1996 44 Arbitration Updated: 03 January 2022; Ref: scu.550889
Application by S, a Russian businessman, to strike out a challenge to an award brought by K pursuant to sections 67 and 68 of the Arbitration Act 1996. The ground of the application to strike out is that the applications pursuant to sections 67 and 68 of the Arbitration Act 1996 (jurisdiction and serious irregularity) … Continue reading K v S: ComC 9 Jul 2015
Challenge to arbitration award – made without jurisdiction. Held: Rejected. Mr. A signed the 2008 Agreement. Article 2.10 of that agreement contained an arbitration clause which bound Mr. A and conferred jurisdiction on the LCIA tribunal. The application under section 67 of the Arbitration Act 1996 must therefore be dismissed. Teare J  EWHC 1944 … Continue reading A v B: ComC 9 Jul 2015
The claimant sought an order under section 44 and an order for committal of the defendant for contempt. Sir William Blackburne  EWHC 4499 (Ch) Bailii Arbitration Act 1996 44 Arbitration, Contempt of Court Updated: 02 January 2022; Ref: scu.550170
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
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
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
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
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
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside. Held: When asked to review an arbitration award made internationally under the Convention, it was important … Continue reading Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan: CA 20 Jul 2009
Defamation allegation not subject to arbitration The parties had an agreement referring disputes between them to arbitration. One party raised an allegation of defamation, but the arbitrator refused jurisdiction. The parties had chosen the London Metal Exchange for its expertise in metals trading, not defamation. Held: The choice of the LME did indicate the intention … Continue reading S Ltd v C Ltd: ComC 27 Feb 2009
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 earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003
Implied promise to pay arbitral award The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time. Held: A party can enforce an award either by ordinary action as an action founded upon … Continue reading National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009
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
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
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
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
Treatment of Merchant as War Vessel The House considered when a merchant vessel may be treated on the same footing as a war vessel and be deemed to be engaged on a warlike operation. Held: This depended on the nature of the cargo and the voyage: ‘She was then in the act of proceeding in … Continue reading Yorkshire Dale Steamship Co Ltd v Minister of War Transport: HL 1942
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J  EWHC 1322 (TCC),  WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013
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 . .
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
The court was asked: ‘In circumstances where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off, does a reference to ‘claims’ or, alternatively, to ‘all disputes arising under the . .
The applicant, a Belgian butcher, paid a fine by way of settlement in the face of an order for the closure of his shop until judgment was given in an intended criminal prosecution or until such fine was paid.
Held: Since the payment was made . .
Challenge was brought against the fees charged by the arbitrator, and in particular at the cost of the arbitrator bringing in a legally qualified draftsman.
Held: A draftsman’s task would not be himself to refine the arbitrator’s reasoning, . .
The court was asked whether a binding contract had been concluded between an applicant for an investment in property bonds and the insurance company offering such bonds when, in response to an application form submitted by the applicant, accompanied . .
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.
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 . .
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. . .
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must . .
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. . .
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 . .
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 . .
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 . .
Choses in action including contractual rights are ‘assets’ within the meaning of section 44(3). . .
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 . .
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 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 . .
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 . .
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: . .
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. . .
A discretion on the appointment of an arbitrator is completely unfettered; refusal proper. . .
The discretion in the court to to appoint an arbitrator under section 19(1) should not be narrowed without good reason. He continued: ‘In every such case there must come a time when the Court can properly refuse to grant [the relief sought] not . .
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 . .
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 . .
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 . .
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 . .
The wife said that she had not got a good bargain in an agreement settling ancillary relief applications.
Held: The court must have regard to s.25 of the Matrimonial Causes Act, but also to: ‘Conduct of the parties in all the circumstances . . . .
The limitation period has nothing to do with the procedural machinery of enforcing a judgment when one was obtained. . .
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. . .
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 . .
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. . .
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. . .
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 . .
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 . .
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 . .
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. . .
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 . .
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: . .
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 . .
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 . .
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 . .
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 . .
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 . .
Application for summary judgment in application to enforce arbitration award under the Act. . .
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 . .
The grantors of an option, which contained a machinery for fixing the price, had refused to appoint a valuer and that made it impossible for the contractual machinery for the valuation of the option price to work. The House of Lords held that the . .
(The Santa Clara) The seller was to deliver propane by a ship set to leave on a certain date. The market was falling. The buyer, when it was clear that the ship would be unable to leave on the day fixed, sent a telex to say that the contract was . .
Investors can pursue their claims for pensions miss-selling despite a regulators review. That review was not an arbitration such as to lead to the loss of the right to sue. . .
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 . .
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 . .
Arbitration – confidentiality – implied term – no term implied because not necessary to make contract work. Ali refused injunction against yard to restrain it from disclosing evidence and reasons in award between Ali and yard to other buyers in the . .
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 . .
ComC Arbitration – extension of period to appoint arbitrator – discretion – principles . .
ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration . .
‘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’. . .
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 . .
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 . .
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, . .
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 . .
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. . .
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 . .
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 . .
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 . .
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 – . .
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 . .
The partnership was made up of a 109 acre dairy holding owned by one partner, and the second partner managed the business. The dairy holding itself was kept out of the partnership assets by explicit agreement. D, the former manager claimed, on the . .
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 . .
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. . .
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. . .
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 . .
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) . .