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 because its dignity has been affronted nor in order to punish the … Continue reading The Frotanorte: CA 1996
Aikens LJ explained: ‘It is necessary first to analyse the structure of section 9(1) and (4) of the AA 1996, to see where the burden lies and what standard of proof is required when there is an application for a stay of proceedings because one side asserts that two parties are bound by an arbitration … Continue reading Joint Stock Company ‘Aeroflot-Russian Airlines’ v Berezovsky and Others: CA 2 Jul 2013
Application by the defendant to stay these proceedings pursuant to section 9(1) of the Arbitration Act 1996 Judges: Coulson J Citations: [2017] EWHC 319 (TCC) Links: Bailii Statutes: Arbitration Act 1996 9(1) Jurisdiction: England and Wales Arbitration Updated: 04 February 2022; Ref: scu.577849
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 parties had a dispute arbitrated by the Beth Din, who ordered the sale of a property. In apparent breach of that order the owner purported to sell the property. The claimant had registered a caution which the defendants now sought to be vacated. Held: Provisional awards by arbitrators were not directly enforceable unless the … Continue reading Kastner v Jason, Sherman, Sherman and Sherman, Sherman and Kastner: ChD 23 Mar 2004
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
Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022
The ‘Barito’) Application for permission to serve an arbitration claim form out of the jurisdiction on the First and Second Defendants and for an interim ‘anti-arbitration’ injunction to restrain the Second Defendant from pursuing arbitration proceedings in Singapore. Popplewell J also carefully explored the burden and standard of proof, and the correct weight to be … Continue reading Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd and Another: ComC 16 May 2013
