The sixth defendant resisted a claim against it saying that matters between them were governed by a framework agreement which provided for matters to be resolved by arbitration. The claimant resisted, denying the arbitration agreement and saying that the defendant was out of time to make such a claim. Held: Two arguments were directed to … Continue reading Bilta (UK) Ltd (In Liquidation) v Nazir and Others: ChD 17 May 2010
Judges: Langley J Citations: [2005] EWHC 2912 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69(2) 69(3) Jurisdiction: England and Wales Arbitration Updated: 06 December 2022; Ref: scu.236585
A bond contained an arbitration clause subject to a further clause giving the claimant an ‘exclusive right at its option to apply to the courts of England to settle any disputes which may arise out of or in connection with these presents’. The defendants started an arbitration challenging the claimant’s assertion that events of default … Continue reading Law Debenture Trust Corporation Plc v Elektrim Finance Bv and others: ChD 1 Jul 2005
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
The claimant seeks leave under s.69(3) of the Arbitration Act 1996 to appeal from the award in a statutory arbitration commenced by the defendants as tenants under Part 4 of the Small Business, Enterprise and Employment Act 2015 (‘the 2015 Act’) and . .
The parties had been involved in an arbitration. The claimant sought leave to appeal. The judge refused to give leave, but did not say exactly why.
Held: Human Rights law required a right of appeal. That right could only be exercised properly . .
