GPF Gp Sarl v The Republic of Poland: ComC 2 Mar 2018

Brian J
[2018] EWHC 409 (Comm), [2018] WLR(D) 137
Bailii, WLRD
England and Wales
Cited by:
Princial judgmentGPF GP SARl v The Republic of Poland (601) ComC 2-Mar-2018
Request for leave to appeal from successful arbitral jurisdiction challenge . .

Lists of cited by and citing cases may be incomplete.

International, Arbitration

Updated: 27 January 2022; Ref: scu.606423

Yegiazaryan v Smagin: CA 19 Dec 2016

Appeal against order rejecting challenge to arbitration award.
Held: The particular clause at issue was not in fact entirely clear, but the judge having heard the evidence had been entitled to conclude as he did that the clause amounted to an agreement to arbitrate.

Lord Dyson MR, Elias, Beatson LJJ
[2016] EWCA Civ 1290
Bailii
England and Wales
Citing:
Appeal fromA 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 . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 27 January 2022; Ref: scu.572425

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd and Another: ComC 7 Dec 2016

Appeal from an arbitration award concerning the true construction of clause 8(d) of the Inter-Club Agreement 1996 (‘the ICA’). Specifically, the issue is whether the term ‘act’ in the phrase ‘act or neglect’ means a culpable act in the sense of fault or whether it means any act, whether culpable or not.

[2016] EWHC 3132 (Comm)
Bailii
England and Wales

Arbitration

Updated: 27 January 2022; Ref: scu.572298

Emmott v Michael Wilson and Partners: ComC 24 Nov 2016

Application for an anti-suit injunction against the defendant to restrain it from taking any further steps in ongoing proceedings in New South Wales and from commencing or pursuing any other substantive claims against the claimant on the ground that such proceedings are in breach of arbitration agreement(s) to which the claimant is a party.

O’Farrell J
[2016] EWHC 3010 (Comm)
Bailii
England and Wales
Citing:
See AlsoEmmott v Michael Wilson and Partners Ltd CA 12-Mar-2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. . .
See AlsoMichael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
See AlsoEmmott 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 . .
See AlsoMichael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
See AlsoMichael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
See AlsoMichael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See AlsoMichael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See AlsoMichael Wilson and Partners Ltd v Emmott CA 14-Oct-2015
Appeal against a finding that payments made by the appellant were made in the ordinary course of business and not in breach of a freezing injunction. . .
See AlsoMichael Wilson and Partners Ltd v Emmott CA 11-Dec-2015
The court considered a residual jurisdiction to set aside an arbitrator’s award after a first appeal. . .

Cited by:
See AlsoMichael Wilson and Partners Ltd v Sinclair and Another CA 13-Jan-2017
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 27 January 2022; Ref: scu.572292

European Children’s Fashion Association And Instituto De Economia Publica v EACEA: ECFI 5 Oct 2016

ECJ (Judgment) Arbitration clause – Grant Agreement concluded within the framework of the action program’ Lifelong Learning (2007-2013) ‘- Project’ Brand and Merchandising manager for SMEs in the childrens’ product sector ‘- Action for annulment – Non-actionable appeal – Act as part of a purely contractual framework of which he is inseparable – Inadmissible – ineligible costs – Reimbursement of amounts paid – audit report

T-724/14, [2016] EUECJ T-724/14
Bailii
European

European, Arbitration

Updated: 23 January 2022; Ref: scu.569907

Intercon v Commission T-632/14: ECFI 22 Sep 2016

ECJ (Judgment) Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Commission decision to demand repayment of the sums paid to the applicant – Contractual nature of the dispute – Article 44 paragraph 1 c) and section 5 bis of the Rules of procedure of 2 May 1991 – Admissibility – Scope of the audit – Documents and comments submitted after the expiry of the deadlines

ECLI:EU:T:2016:526, [2016] EUECJ T-632/14
Bailii
European

Arbitration

Updated: 23 January 2022; Ref: scu.569510

Intercon v Commission T-206/15: ECFI 22 Sep 2016

ECJ (Judgment) Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant Agreement for the project ‘Virtual Pathological Heart of the Virtual Physiological Human’ – Commission decision to require the repayment of part of the sums paid – Inadmissible – Article 44, paragraph 1 c), the Court of the Rules of procedure of 2 May 1991 – Documents and comments submitted after the expiry of the deadlines

ECLI:EU:T:2016:528, [2016] EUECJ T-206/15
Bailii
European

Arbitration

Updated: 23 January 2022; Ref: scu.569509

Harding (T/A MJ Harding Building Contractors) v Paice and Another: TCC 15 Apr 2014

Application by the Claimant for summary judgment against the Defendants in relation to two adjudication decisions under which a total sum of andpound;269,917.86 is claimed, together with further interest and costs.

Ramset J
[2014] EWHC 4819 (TCC)
Bailii
England and Wales

Arbitration, Construction

Updated: 22 January 2022; Ref: scu.569069

HOK Sport Ltd v Aintree Racecourse Company Ltd: TCC 12 Nov 2002

Application for leave to appeal a question of law and the appeal of that question by an architect. The question of law involved a consideration of the applicability of South Australia Asset Management Co Ltd v York Montague Ltd to a claim against an architect based on a breach of a duty to warn the employer that a requirement of the design brief would not be met, thereby losing the employer the opportunity to reconsider its proposed course of action.

His Honour Judge Thornton QC
[2002] EWHC 3094 (TCC)
Bailii
England and Wales

Arbitration

Updated: 22 January 2022; Ref: scu.569068

Al-Waddan Hotel Ltd v Man Enterprise Sal (Offshore): TCC 12 Dec 2014

‘dispute between Al-Waddan Hotel Limited (‘Al-Waddan’) and MAN Enterprise SAL (‘MAN’) in respect of whether or not an arbitrator had jurisdiction to continue with the arbitration between the two of them, in which MAN Enterprise SAL are the claimants and Al-Waddan Hotel Limited are the defendants. The alleged lack of jurisdiction turns on whether a notice of decision of the Engineer, DAR Al Handasah (‘DAR’), is a binding condition precedent and MAN are required to await the full contractual period before the dispute can go to arbitration.’

[2014] EWHC 4796 (TCC)
Bailii

Arbitration

Updated: 22 January 2022; Ref: scu.569072

Broughton Brickwork Ltd v F Parkinson Ltd: TCC 21 Oct 2014

‘application for summary judgment to enforce a decision of an adjudicator, Mr Paul Greenwood, made on 4th September 2014, in which he decided that the defendant should pay the claimant andpound;96,000 odd including interest. The defendant’s case is that there should be no enforcement of that decision because there was a real and a serious breach of natural justice. In short, it is submitted by the defendant’s counsel, Miss Day QC, that this is a case where something has genuinely gone seriously wrong, and where what has occurred was not rough justice, which she accepts cannot prevent a decision being enforced, but no justice at all. The defendant’s first specific complaint is that the adjudicator decided a particular point which was of considerable importance to the determination of the dispute on a basis which was not the way in which the parties had argued it, and without first giving the parties the opportunity to comment. Its second complaint is that in deciding that point the adjudicator failed, through inadvertence, to address a particular document which the defendant had placed before him and which, had he considered it, would have led to his reaching a different conclusion in the defendant’s favour, as indeed says the defendant the adjudicator has subsequently acknowledged.’

Stephen Davies HHJ
[2014] EWHC 4525 (TCC)
Bailii

Arbitration, Natural Justice

Updated: 22 January 2022; Ref: scu.569070

Sankofa and Another v The Football Association Ltd: ComC 12 Jan 2007

The claimant sought an injunction to order the defendant football association from preventing him playing on a football match. He had been sent off and was subject to an automatic additional one match ban. He sought to exercise a right under the procedure to challenge the decision.
Held: The procedure was intended to be speedy and without an appeal. Furthermore the rules did not require the commission to give reasons. The injunction was refused.

Simon J
[2007] EWHC 78 (Comm), [2007] ArbLR 51
Bailii
England and Wales
Citing:
CitedStevenage Borough Football Club Limited v Football League Limited CA 6-Aug-1996
Unfair changes to the rules for the promotion of sports clubs between leagues could not be challenged retrospectively after the team in question had impliedly accepted the rules. An injunction granted may within a sporting league context have unfair . .
CitedJones and Another v Welsh Rugby Football Union QBD 6-Mar-1997
A professional sportsman should be allowed to have representation on a suspension hearing, which might affect his ability to earn his living. However Ebsworth J doubted the correctness of the intrusion of courts into such matters, saying that:’There . .
CitedCetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
CitedFlaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .

Lists of cited by and citing cases may be incomplete.

Contract, Arbitration

Updated: 21 January 2022; Ref: scu.568023

Lesotho Highlands Development Authority v Impreglio SpA and Others: QBD 15 Nov 2002

The parties had submitted their dispute to arbitration. The arbitrator had made his award payable in certain currencies. The payer contended that this was in excess of his jurisdiction.
Held: The reference to the arbitrator continued the jurisdiction given to the engineer under the earlier stage of the dispute. The contract stipulated the currencies in which payments were to be made, and the arbitrator had no power to order differently. They had wrongly regarded this as a matter of procedural law.

Morison J
Times 16-Nov-2002, [2003] 1 All ER (Comm) 22, [2002] EWHC 2435 (Comm), [2003] BLR 98
Bailii
Arbitration Act 1996
England and Wales
Citing:
Appealed toLesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .

Cited by:
Appeal fromLesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
First InstanceLesotho Highlands Development Authority v Impregilo Spa and others HL 30-Jun-2005
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies.
Held: The question remained whether . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 20 January 2022; Ref: scu.178355

J I MacWilliam Company Inc v Mediterranean Shipping Company SA; The “Rafaela S”: HL 16 Feb 2005

A US company bought a printing machine and ancillary equipment on CIF terms from an English company. The sellers consigned the goods to the buyers. The carriers were a container liner operator and the demise charterers of the vessels ‘Rosemary’ and ‘Rafaela S’. The goods were shipped from Durban aboard the ‘Rosemary,’ as evidenced by a document entitled ‘Bill of Lading’ dated 18 December 1989, which was issued by the demise charterers at Durban. The bill of lading evidenced a contract for the carriage of the cargo to Felixstowe and for on-carriage to be subsequently arranged to the final destination at Boston. The Bill of Lading named the buyers as consignees The machinery was damaged in the course of their carriage.
Held: The document was a bill of lading. The contract of carriage fell within the terms of article I(b) of the Hague Rules and of the Hague-Visby Rules. Appeal dismissed.

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood
Times 21-Feb-2005, [2005] UKHL 11, [2005] 2 All ER 86
House of Lords, Bailii
Carriage of Goods by Sea Act 1971, Carriage of Goods by Sea Act 1924
England and Wales
Citing:
Appeal fromJ I MacWilliam Co Inc v Mediterranean Shipping Company S A, ‘The Rafaela S’ CA 16-Apr-2003
Machinery was damaged whilst in transit, on the second of two legs. The contract described itself as a through bill of lading, but the port of discharge was not the final destination.
Held: The contract was a straight bill of lading. A . .
CitedThe Ship ‘Marlborough Hill’ v Alex Cowan and Sons Limited PC 1921
The question was whether a document, describing itself as a bill of lading but written in the form of a receipt of goods for (rather than of) shipment, was a bill of lading for the purposes of the Act, which set out the jurisdiction of the admiralty . .
CitedEl Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA 10-Aug-2004
(Federal Court of Australia) ADMIRALTY AND MARITIME LAW – carriage of goods by sea – Hague-Visby Rules – Australian COGSA Art 3 Rules 3, 4 and 8 – method for assessing value of cargo – where no ‘commodity exchange price’ or ‘current market price’ – . .
CitedHomburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’) HL 13-Mar-2003
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill.
Held: The specific . .
CitedKum and Another v Wah Tat Bank Ltd HL 1971
‘Negotiable’, when used in relation to a bill of lading, means simply transferable. A negotiable bill of lading is not negotiable in the strict sense; it cannot, as can be done by the negotiation of a bill of exchange, give to the transferee a . .
CitedLickbarrow v Mason 2-Jul-1794
The attornment of a bill of lading is transferrable and therefore the indorsement and delivery of the bill of lading is capable of transferring the endorser’s right to the possession of the goods to the endorsee. . .
CitedC P Henderson and Co v The Comptoir D’Escompte de Paris PC 1873
The court considered a bill of lading in the usual form, save that the words ‘or order or assigns’ are omitted. The court was prepared to assume that such a bill was not a negotiable instrument. It was argued that, notwithstanding the omission of . .
CitedJ I MacWilliam Co Inc v Mediterranean Shipping Co Sa ComC 17-Apr-2002
A straight bill of lading did not fall within section 1(4) of the 1971 Act and article I (b) of the Rules. . .
CitedFothergill v Monarch Airlines Ltd HL 10-Jul-1980
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 . .
CitedGlyn Mills Currie and Co v The East and West India Dock Company CA 1880
. .
CitedThrige v United Shipping Company Limited 1923
. .
CitedThrige v United Shipping Company Ltd CA 1924
The plaintiff sold machinery to a purchaser in England. The terms of sale were cash against documents. Thrige took a straight bill of lading which named the Victoria Company as the consignee without any reference to ‘or order or assigns’. The goods . .
CitedVoss v APL Co Pte Limited 2002
(Court of Appeal of Singapore) The court asked whether a straight bill had to be produced by the consignee to obtain delivery.
Held: It had. The main characteristics of a bill of lading were its negotiability and its recognition as a document . .
CitedThe Stettin 1889
A bill of lading was issued by the owners of a German flag vessel and covered carriage from London to Stettin. It was made out to a named consignee ‘or to his or their assigns’ who was the agent for Julius Manasse in Breslau, and was instructed by . .
CitedHansson v Hamel and Horley Ltd HL 1922
Appeal dismissed . .
CitedHansson v Hamel and Horley Ltd 1921
The court explained the role of a contract of carriage: ‘What is meant by the expression ‘Contract of Affreightment’? In my opinion, to satisfy the requirements with reference to contract of affreightment, the seller must bring into existence a . .
CitedPyrene Co Ltd v Scindia Navigation Co Ltd QBD 1954
The fob contract has become a flexible instrument and it does not necessarily follow that the buyer is an original party to the contract of carriage. The effect of article III, r. 2 of the Hague-Visby Rules was not to override freedom of contract to . .

Lists of cited by and citing cases may be incomplete.

Transport, Arbitration

Updated: 19 January 2022; Ref: scu.222768

Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016

The question of law which arises on these arbitration appeals is as follows: ‘Where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for the owner to prove that the underperformance resulted from compliance with the time charterer’s orders?’

Phillips J
[2016] EWHC 1506 (Comm)
Bailii
Arbitration Act 1996 69

Arbitration, Transport

Updated: 18 January 2022; Ref: scu.566292

Cohen v Boram: 1994

The court considered an arbitration agreement which purported to be governed by the Arbitration Acts but according to the laws of the Beth Din.
Held: This amounted to an indication that the agreement itself was to be construed according to English law, applying the laws and practices of the Jewish Beth Din. The parties therefore had recourse to the courts on matters as to the agreement and arbitration.

[1994] 2 Lloyd’s Rep 138
England and Wales
Cited by:
CitedHalpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 18 January 2022; Ref: scu.239596

Al Midani v Al Midani: 1999

An arbitration agreement was entered into by the heirs of a wealthy Saudi by which they submitted a dispute as to their late father’s estate to a named arbitrator.
Held: That agreement was probably governed by either Sharia law or such law as modified by the law of Saudi Arabia, and that Islamic or Sharia law was to be regarded as a branch of foreign law. In the circumstances of the case ‘it seems to me very likely that the applicable law of the agreement is either Shari’a law or such law modified by Saudi law.
For these purposes I regard Islamic or Shari’a law as a branch of foreign law’.

Rix J
[1999] I Lloyd’s Rep 923
England and Wales
Cited by:
CitedHalpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .
CitedHalpern and others v Halpern and Another (No 2) CA 3-Apr-2007
The parties had settled by compromise a dispute about the implementation of a will before the Beth Din. It was now said that the compromise agreement had been entered into under duress and was unenforceable. The defendant said that rescission could . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 18 January 2022; Ref: scu.239601

Black Clawson International Limited v Papierwerke: 1981

A provision that a reference to arbitration, to be heard in Zurich, should be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1950 was not treated as intended to apply the whole of the 1950 Act to the reference.

[1981] 2 Lloyd’s Rep 446
Arbitration Act 1950
England and Wales
Cited by:
CitedHalpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 18 January 2022; Ref: scu.239598

J Murphy and Sons Ltd v W Maher and Sons Ltd: TCC 23 May 2016

Part 8 proceedings between a sub-contractor, J. Murphy and Sons Ltd and its earth shifting sub-sub-contractor, W. Maher and Sons Ltd asking about the jurisdiction of an adjudicator, namely, where there is a dispute as to whether there has been a full and final settlement agreement between the contractual parties of the final account, whether the dispute arises ‘under’ the sub-contract or under the alleged settlement agreement or both. ‘

Sir Robert Akenhead
[2016] EWHC 1148 (TCC)
Bailii
England and Wales

Construction, Arbitration

Updated: 17 January 2022; Ref: scu.565559

ADM Asia-Pacific Trading Pte Ltd v Toepfer International Asia Pte Ltd and Another: ComC 20 Jun 2016

ADM applied for a final anti-suit injunction to restrain the defendant from continuing proceedings against ADM in Indonesia on the grounds that those proceedings are in breach of a FOSFA arbitration agreement between the parties.

Phillips J
[2016] EWHC 1427 (Comm)
Bailii

Arbitration, Litigation Practice

Updated: 17 January 2022; Ref: scu.565734

National Telephone Co Ltd v Postmaster-General: HL 4 Jul 1913

By the Telegraph (Arbitration) Act 1909, sec. 1, questions arising under any agreement with the Postmaster-General relative to telegraphs or telephones may be referred for settlement to the Railway and Canal Commissioners.
Held that such a reference is to the Commissioners not as arbiters but as a court of record. Consequently there is a right of appeal from the Commission to the Court of Appeal upon questions of law.
Judgment of the Court of Appeal ([1913], 2 K.B. 614) affirmed.
Held, further, that the general right of appeal to the House of Lords given by the Appellate Jurisdiction Act 1876, sec. 3, is not taken away by the provisions of the Railway and Canal Traffic Act 1888, sec. 17, sub-sec. 5, that appeal shall only lie to the Court of Appeal.

Lord Chancellor (Haldane), Earl Loreburn, and Lords Atkinson, Shaw, Moulton, and Parker
[1913] UKHL 532, 51 SLR 532
Bailii
England and Wales

Arbitration, Utilities

Updated: 17 January 2022; Ref: scu.632751

Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore and Another: ComC 20 May 2016

The court considered the status of arbitration proceedings purportedly commenced by the First Defendant against the Claimant in connection with disputes arising under a contract of affreightment between Dana as owner and Sino Channel as charterer.

Sir Bernard Eder
[2016] EWHC 1118 (Comm)
Bailii
England and Wales

Arbitration

Updated: 16 January 2022; Ref: scu.564511

SC v Eulex Kosovo: ECJ 5 Mar 2020

(Appeal – Arbitration Clause – Opinion) Appeal – Arbitration clause – Contract staff of EU international missions – Common Foreign and Security Policy – Jurisdiction of the EU Courts – Contractual dispute – Admissibility – Concept of act separable from its contractual context – Partial reclassification of the action – Action for annulment – Contractual liability – Non-contractual liability – Articles 263, 268, 272 and 340 TFEU

C-730/18, [2020] EUECJ C-730/18P_O, ECLI:EU:C:2020:176, [2020] EUECJ C-730/18P
Bailii, Bailii
European

Arbitration

Updated: 14 January 2022; Ref: scu.654929

William Milne, Architect In Edinburgh, and Alexander Brown, Merchant In Edinburgh, and Robert Milne, Architect In London, His Cautioners v The Magistrates and Town Council of Edinburgh: HL 15 Feb 1770

Arbitration Clause – Contract.-
A contract in regard to the execution of the works in building a bridge, contained a clause, referring all differences and disputes to two neutral men of skill, as arbiters to be chosen, and in case of them differing, with power to them to choose an oversman, whose determination was to be final. Held, on a preliminary defence being stated, to a summons raised for failure to implement the contract, founded on this clause, that an agreement to refer all disputes to arbiters, did not bar the present action in this court, and that the plea in this case, was irrelevant and inadmissible.

[1770] UKHL 2 – Paton – 209
Bailii

Scotland, Construction, Arbitration

Updated: 13 January 2022; Ref: scu.561667

Castleton Commodities Shipping Co Pte Ltd v Silver Rock Investments: ComC 30 Jun 2015

Application made by the Claimants in this arbitration claim, Castleton Commodities Shipping Company Pte Limited, for the withdrawal of proceeds of sale of a cargo of iron ore presently held by solicitors, pursuant to an Order for Sale

Waksman QC HHJ
[2015] EWHC 2584 (Comm)
Bailii
England and Wales

Arbitration

Updated: 12 January 2022; Ref: scu.561015

Arcadis UK Ltd v May and Baker Ltd (T/A Sanofi): TCC 29 Jan 2013

Issues are raised in these adjudication enforcement proceedings as the extent to which it is legitimate or unfair for an adjudicator to take into account or adopt the reasoning of a previous adjudicator’s decision.

Mr Justice Akenhead
[2013] EWHC 87 (TCC), [2013] BLR 210
Bailii
England and Wales

Arbitration, Construction

Updated: 12 January 2022; Ref: scu.470636

Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb: SC 9 Oct 2020

After a fire in a power plant in Russia, Chubb Russia, the insurers brought proceedings in Russia against Enka, a subcontractor, alleging liability for the fire. Enka began proceedings in England contending that the dispute was subject to an arbitration agreement in the contract under which it had performed the works, and seeking an order that Chubb Russia discontinue the Russian Proceedings (‘an anti-suit injunction’).
Enka’s claim was dismissed by the High Court at first instance at an expedited trial. The Court of Appeal subsequently allowed Enka’s appeal, granting an anti-suit injunction and restraining Chubb Russia from appealing the decision of the Russian court. Chubb Russia seeks to appeal.

Bailii Press Summary, Bailii, Bailii Summary
England and Wales
Citing:
At ComCEnka Insaat Ve Sanayi As v Ooo ‘Insurance Company Chubb’ and Others ComC 20-Dec-2019
Anti-suit injunction to restrain foreign proceedings said to be in breach of agreement to refer disputes to ICC arbitration with London seat.
Held: Refused . .
Appeal fromEnka Insaat Ve Sanayi As v OOO ‘Insurance Company Chubb’ and Others CA 29-Apr-2020
Appeal against a decision at trial not to grant an anti-suit injunction against a party alleged to be in breach of a London arbitration clause by bringing proceedings in Russia. It concerns the significance to be attached to the choice of London as . .

Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice, International

Updated: 10 January 2022; Ref: scu.654664

Enka Insaat Ve Sanayi As v OOO ‘Insurance Company Chubb’ and Others: CA 29 Apr 2020

Appeal against a decision at trial not to grant an anti-suit injunction against a party alleged to be in breach of a London arbitration clause by bringing proceedings in Russia. It concerns the significance to be attached to the choice of London as the seat of the arbitration in exercising such jurisdiction and in determining the proper law of the arbitration agreement.

Lord Justice Popplewell
[2020] EWCA Civ 574, [2020] WLR(D) 256
Bailii, WLRD
England and Wales
Citing:
Appeal fromEnka Insaat Ve Sanayi As v Ooo ‘Insurance Company Chubb’ and Others ComC 20-Dec-2019
Anti-suit injunction to restrain foreign proceedings said to be in breach of agreement to refer disputes to ICC arbitration with London seat.
Held: Refused . .

Cited by:
Appeal fromEnka Insaat Ve Sanayi AS v OOO Insurance Company Chubb SC 9-Oct-2020
After a fire in a power plant in Russia, Chubb Russia, the insurers brought proceedings in Russia against Enka, a subcontractor, alleging liability for the fire. Enka began proceedings in England contending that the dispute was subject to an . .

Lists of cited by and citing cases may be incomplete.

Arbitration, International

Updated: 10 January 2022; Ref: scu.650491

Enka Insaat Ve Sanayi As v Ooo ‘Insurance Company Chubb’ and Others: ComC 20 Dec 2019

Anti-suit injunction to restrain foreign proceedings said to be in breach of agreement to refer disputes to ICC arbitration with London seat.
Held: Refused

Andrew Baker J
[2019] EWHC 3568 (Comm), [2020] WLR(D) 21, [2020] Bus LR 463, [2020] 1 Lloyd’s Rep 71
Bailii, WLRD
England and Wales
Cited by:
Appeal fromEnka Insaat Ve Sanayi As v OOO ‘Insurance Company Chubb’ and Others CA 29-Apr-2020
Appeal against a decision at trial not to grant an anti-suit injunction against a party alleged to be in breach of a London arbitration clause by bringing proceedings in Russia. It concerns the significance to be attached to the choice of London as . .
At ComCEnka Insaat Ve Sanayi AS v OOO Insurance Company Chubb SC 9-Oct-2020
After a fire in a power plant in Russia, Chubb Russia, the insurers brought proceedings in Russia against Enka, a subcontractor, alleging liability for the fire. Enka began proceedings in England contending that the dispute was subject to an . .

Lists of cited by and citing cases may be incomplete.

International, Arbitration

Updated: 10 January 2022; Ref: scu.646098

Ludwig-Bolkow-Systemtechnik v Commission: ECFI 19 Feb 2016

ECJ Judgment – Arbitration clause – Sixth Framework Programme for research, technological development and demonstration – Repayment of part of the sums paid and liquidated damages – No need to approve part – Eligible costs for funding of the Union – Penalty clause – manifestly excessive character

T-53/14, [2016] EUECJ T-53/14
Bailii

European, Arbitration

Updated: 10 January 2022; Ref: scu.560217

Anzen Ltd and Others v Hermes One Ltd: PC 18 Jan 2016

Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands)
This appeal raises short and interesting points on the interpretation of an arbitration clause in a shareholders’ agreement providing that in the event of an unresolved dispute ‘any party may submit the dispute to binding arbitration’.

Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Hodge
[2016] UKPC 1
Bailii
Commonwealth

Arbitration

Updated: 09 January 2022; Ref: scu.558930

Brown and Another v Complete Buildings Solutions Ltd: CA 13 Jan 2016

The court was asked as to a short issue as to whether an adjudicator (appointed under the terms of a building contract) had jurisdiction to decide a dispute between the parties. The Appellants’ contention is that he had no jurisdiction because he was being asked to adjudicate the same or substantially the same dispute as had been decided by another adjudicator in an earlier adjudication. The Respondent contends, as the Judge found, that he did have jurisdiction.

Beatson, Simon LJJ, Sir Robin Jacob
[2016] EWCA Civ 1
Bailii
England and Wales

Arbitration

Updated: 09 January 2022; Ref: scu.558412

Metal Distributors (UK) Ltd v ZCCM Investment Holdings Plc: ComC 14 Jan 2005

The applicants were involved in arbitration. They had sought to make a counter-claim, but the arbitrator had declined jurisdiction, saying that the subject matter of the counter-claim related to a matter too distant from the original claim.
Held: Arbitration agreements differed markedly. No general rule could be created for such situations and the court must look to the terms of each agreement. In this case the counter-claim involved an allegation relating to a mis-statement about a wholy unrelated transaction, and the arbitrator had been correct to decline jurisdiction.

Cresswell J
[2005] EWHC 156 (Comm), Times 09-Mar-2005
Bailii
England and Wales

Arbitration

Updated: 08 January 2022; Ref: scu.223338

Michael Wilson and Partners Ltd v Emmott: CA 11 Dec 2015

The court considered a residual jurisdiction to set aside an arbitrator’s award after a first appeal.

Moore-Bick VP CA, Longmore LJJ
[2015] EWCA Civ 1285, [2016] 1 WLR 857, [2015] WLR(D) 521
Bailii, WLRD
England and Wales
Citing:
See AlsoEmmott v Michael Wilson and Partners Ltd CA 12-Mar-2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. . .
See AlsoMichael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
See AlsoEmmott 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 . .
See AlsoMichael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
See AlsoMichael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
See AlsoMichael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See AlsoMichael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See AlsoMichael Wilson and Partners Ltd v Emmott CA 14-Oct-2015
Appeal against a finding that payments made by the appellant were made in the ordinary course of business and not in breach of a freezing injunction. . .

Cited by:
See AlsoEmmott v Michael Wilson and Partners ComC 24-Nov-2016
Application for an anti-suit injunction against the defendant to restrain it from taking any further steps in ongoing proceedings in New South Wales and from commencing or pursuing any other substantive claims against the claimant on the ground that . .
See AlsoMichael Wilson and Partners Ltd v Sinclair and Another CA 13-Jan-2017
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 08 January 2022; Ref: scu.557087

Harding (T/A M J Harding Contractors) v Paice and Another: CA 1 Dec 2015

‘appeal by a building contractor against a judgment of the Technology and Construction Court (‘TCC’) refusing to grant either an injunction or a declaration to prevent an adjudication going forward. The central issue in this appeal is whether an earlier adjudication on related matters shuts out the new adjudication.’

Jackson. Rafferty, Gloster lJJ
[2015] EWCA Civ 1231
Bailii
England and Wales

Arbitration, Construction

Updated: 07 January 2022; Ref: scu.556234

Crescendo Maritime Co and Another v Bank of Communications Company Ltd and Others: ComC 25 Nov 2015

Trial of two actions. In one action an anti-suit injunction is sought in circumstances where one party to a London arbitration agreement wishes to enforce it and another party, despite having agreed to London arbitration, prefers to litigate in another country, in this case China. In the other action a declaration on non-liability in fraud is sought.

Teare J
[2015] EWHC 3364 (Comm)
Bailii
England and Wales

Torts – Other, Arbitration, Litigation Practice

Updated: 06 January 2022; Ref: scu.555035

Essar Shipping Ltd v Bank of China Ltd: ChD 13 Nov 2015

The main remedy sought by the claimant was an anti-suit injunction against the defendant to restrain the bank from commencing or continuing proceedings in breach of a London arbitration agreement incorporated into a bill of lading contract. The claim also seeks a declaration as to the existence of the arbitration agreement and damages for breach of the arbitration agreement.

Walker J
[2015] EWHC 3266 (Comm)
Bailii
England and Wales

Arbitration, Transport

Updated: 06 January 2022; Ref: scu.554667

Sellar v Highland Railway Co: HL 24 Jan 1919

Arbiters having disagreed devolved the reference upon the oversman, who issued proposed findings. One of the parties then discovered that the arbiter nominated by the other party, a railway company, held pounds 3700 ordinary stock therein, and intimated that in consequence he considered that the arbiter was disqualified from acting and that he would not hold himself bound by the award. In an action of reduction of the decreet-arbitral held that the ‘arbiter in question was disqualified, and that the decreet-arbitral was in consequence reducible at the instance of the other party to the reference.
Dimes v. Proprietors of the Grand Junction Canal, 1852, 3 C1. H.L. 759, followed.
In an arbitration the arbiter appointed by one of the parties, a railway company, held stock in that company; the other party reduced the decreet-arbitral by the oversman on the ground that the arbiter referred to was disqualified, and claimed the expenses incurred by him in the abortive reference. Held ( rev. judgment of the First Division) that he was not entitled to recover his expenses in respect that there was no contract between the parties from which it could be inferred that the other party was bound to appoint an arbiter against whom no objection could be taken; that there was no statutory duty imposed on the railway company to examine their registers to see that the arbiter appointed was not a shareholder; and that, even assuming there had been a breach of duty, the damages claimed were too remote.

Lord Buckmaster, Lord Finlay, Lord Dunedin, and Lord Atkinson
[1919] UKHL 216, 56 SLR 216
Bailii
Scotland

Contract, Arbitration

Updated: 04 January 2022; Ref: scu.632770

Aldcroft v The International Cotton Association Ltd: ComC 30 Mar 2017

The Claimant asked the Court to declare that what is known as the ‘3 and 8 rule’ in the Arbitrators’ Code of Conduct of the International Cotton Association Limited (‘the ICA’) is void and unenforceable as an unreasonable restraint of trade.

David Foxton QC
[2017] EWHC 642 (Comm)
Bailii
England and Wales

Arbitration, Employment

Updated: 04 January 2022; Ref: scu.581366