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 be tried as preliminary issues. There was an arguable case that Bilta had traded with Jetivia with notice that the Framework Agreement contained Jetivia’s standard terms and conditions applied, and that the Framework Agreement (including clause 8.7) became part of the contractual terms binding on Bilta.
Judges:
Sales J
Citations:
[2010] Bus LR 1634, [2010] 2 Lloyd’s Rep 29, [2010] EWHC 1086 (Ch)
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
See Also – Bilta (Uk) Ltd v Nazir and Others ChD 24-Nov-2010
The company had been wound up by the Revenue on the basis that it had been used for a substantial VAT fraud. The liquidators now sued those said to have participated. A defendant denied the jurisdiction because of a disputed arbitration agreement. . .
See Also – Bilta (UK) Ltd and Others v Nazir and Others ChD 30-Jul-2012
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates.
Held: The . .
At first instance (1) – Jetivia Sa and Another v Bilta (UK) Ltd and Others CA 31-Jul-2013
Defendants appealed against refusal of their request for a summary striking out for lack of jurisdiction, of the claims against them arising from their management of the insolvency of the first defendant. . .
At first Instance (1) – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.
Contract, Arbitration
Updated: 25 September 2022; Ref: scu.415085