Category: Arbitration

Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd (‘The Sylvia’): ComC 18 Mar 2010

Judges:

Hamblen J

Citations:

[2010] EWHC 542 (Comm), [2010] 2 Lloyd’s Rep 81, [2010] 1 CLC 470

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Borealis Ab v Geogas Trading Sa ComC 9-Nov-2010
The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Damages

Updated: 20 December 2022; Ref: scu.403361

The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021

The Claimant sought under s. 67 Arbitration Act 1996 the setting aside of a decision of the arbitral panel in a London-seated arbitration, together with declarations as to the lack of standing of what it described as the former management of the Defendant company to manage and control that company.

Judges:

Mr Justice Butcher

Citations:

[2021] EWHC 970 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Company, Arbitration

Updated: 20 December 2022; Ref: scu.662349

Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009

Judges:

Teare J

Citations:

[2009] EWHC 1975 (Comm), [2010] 1 Lloyds Rep 183, [2009] 2 CLC 446

Links:

Bailii

Statutes:

Arbitration Act 1996 68 69 70

Jurisdiction:

England and Wales

Cited by:

See Also – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010
The courts do not approach arbitration awards with a meticulous legal eye endeavouring to pick holes, inconsistencies and faults or with the object of upsetting or frustrating the process of arbitration. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 20 December 2022; Ref: scu.368649

West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

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.
Held: The appeal was allowed. The agreement was unusual, but the decisions was final and binding ‘ . .subject . . to any question of unfairness, bad faith or perversity’. Neill LJ ‘It remains the general rule of common law that an agreement wholly to oust the jurisdiction of the Courts is against public policy and void. . . It is clear, however, that in applying the rule questions of fact are treated differently from questions of law . .’

Judges:

Neill LJ

Citations:

Times 26-Oct-1995, Independent 01-Nov-1995, [1996] 1 Lloyd’s Rep 370, [1996] CLC 240

Jurisdiction:

England and Wales

Citing:

Appeal from – West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd ComC 25-Jan-1995
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 – . .

Cited by:

Cited – Skidmore v Dartford and Gravesham NHS Trust HL 22-May-2003
The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal . .
Reversed on Appeal – West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd ComC 25-Jan-1995
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 – . .
Cited – McNicholas Plc v AEI Cables Limited TCC 25-May-1999
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 . .
Lists of cited by and citing cases may be incomplete.

Transport, Arbitration, Contract

Updated: 20 December 2022; Ref: scu.90396

ASM Shipping Ltd of India v TTMI Ltd of England: Admn 20 Apr 2007

Application to remove arbitrators.

Judges:

Andrew Smith J

Citations:

[2007] EWHC 927 (Admin)

Statutes:

Arbitration Act 1996 96

Jurisdiction:

England and Wales

Citing:

See Also – ASM Shipping Ltd of India v TTMI Ltd of England CA 16-Oct-2006
The court at first instance had dismissed the ship-owner’s application to set aside the arbitration award, and then refused leave to appeal. The court of appeal had to consider whether it had jurisdiction itself to hear an application for leave.
See Also – ASM Shipping Ltd of India v TTMI Ltd of England ComC 19-Oct-2005
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. . .
See Also – TTMI Ltd of England v ASM Shipping Ltd of India ComC 23-Nov-2005
. .
See Also – ASM Shipping Ltd of India v TTMI Ltd of England ComC 20-Apr-2007
. .

Cited by:

See Also – ASM Shipping Ltd v Harris and others ComC 28-Jun-2007
Objection was made the panel selected to undertake an arbitration. It was said that one member of the panel had been found to be subject to proper objectin for an apparent bias, and that the remaining panel members should recuse themselves for . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 12 December 2022; Ref: scu.251466

Living Waters Christian Centres Ltd v Fetherstonhaugh: CA 27 Apr 1999

The plaintiff tenant appealed from the dismissal of its application under sections 22(1) and 23(2) of the Arbitration Act 1950 to set aside or remit to the arbitrator, on the grounds of misconduct, an award in a rent review arbitration, relating to a lease of premises at Abergele in North Wales

Judges:

Peter Gibson, Potter LJJ, Blofield J

Citations:

[1999] EWCA Civ 1269

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Arbitration

Updated: 09 December 2022; Ref: scu.662787

Kestner v Jason: 2005

The parties had entered into an arbitration agreement which purported to be subject to the Act, but applying the laws and practices of the Jewish Beth Din.

Citations:

[2005] 1 Lloyds Rep 397

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Cited by:

Cited – Halpern 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: 09 December 2022; Ref: scu.239597

Agodzo v Amegashitsie and Another: CA 20 May 1999

The judge had repeatedly adjourned a matter, directing that the parties should consider alternative dispute resolution. Since the first adjournment, the rules had been changed to allow a court to refer a case for such an arrangement. One party objected.
Held: The new power could be exercised even in an existing case, and therefore the objection, even if it succeeded, could not prevent a judge making a reference under the new rules upon its return.

Citations:

[1999] EWCA Civ 1453

Statutes:

Civil Procedure Rules 26.4

Jurisdiction:

England and Wales

Civil Procedure Rules, Arbitration

Updated: 07 December 2022; Ref: scu.146368

Dadourian Group International Inc and others v Simms and others: ChD 24 Nov 2006

The Claimants sought, principally, damages for fraudulent misrepresentation and conspiracy against the first to fourth Defendants and damages for breach of contract against the third and fourth Defendants.
Ownership and control of a company are in themselves insufficient to dislodge the principle of separate corporate identity. In order to justify lifting the veil of incorporation, ‘special circumstances (must) exist indicating that (the company) is a mere facade concealing the true facts’

Judges:

Warren J

Citations:

[2006] EWHC 2973 (Ch), [2006] ArbLR 18

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Dadourian Group Int Inc v Simms and others (No 1) CA 11-Apr-2006
The court was asked to consider how it should exercise its discretion to order a world-wide asset freezing order.
Held: It dismissed the appeal in this case, but took the opportunity to provide eight guidelines for the way in which the . .

Cited by:

Appeal from – Dadourian Group International Inc and others v Simms and others CA 20-Dec-2006
The court considered the exercise by the court of its discretion to release a party who has obtained a freezing order from his undertaking not to use information obtained from the party against whom the freezing order is made in contempt proceedings . .
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Arbitration, Company

Updated: 07 December 2022; Ref: scu.246809

The Padre Island: 1984

The 1930 Act creates a statutory assignment of any rights of action in a case where the assured has become bankrupt or been wound up, the party to whom the benefit of a right of action under the liability insurance contract has been transferred may only operate that right in accordance with an arbitration agreement in the contract of insurance even if that agreement is expressed to refer only to the parties to the contract of insurance and not in terms wide enough to cover a statutory assignee.

Citations:

[1984] 2 Lloyds Rep 408

Statutes:

Third Parties (Rights against Insurers) Act 1930

Jurisdiction:

England and Wales

Cited by:

Cited – Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others ComC 7-Nov-2003
One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers.
Held: Because he has in effect become a statutory assignee of the promisee’s . .
Lists of cited by and citing cases may be incomplete.

Insurance, Insolvency, Arbitration

Updated: 07 December 2022; Ref: scu.187712

King v Thomas McKenna: 1991

Citations:

[1991] CLY 199

Jurisdiction:

England and Wales

Cited by:

Cited – Arnold and Others v National Westminster Bank Plc CA 14-Mar-1994
There was no power to remit a case to an arbitrator after a later court decision decision which showed that the law applied by the arbitrator was wrong. The arbitrator’s award was on the basis that a new lease should contain a rent review, but the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Arbitration

Updated: 07 December 2022; Ref: scu.180568

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd: SC 17 Jun 2020

This case is about the relationship between (a) the adjudication regime for building disputes and (b) a rule of insolvency law called insolvency set-off.

Judges:

Lord Reed (President), Lord Briggs, Lord Kitchin, Lord Hamblen, Lord Leggatt

Citations:

[2020] UKSC 25

Links:

Bailii, Bailii Summary

Jurisdiction:

England and Wales

Arbitration, Insolvency, Construction

Updated: 05 December 2022; Ref: scu.651724

ABB Lummus Global Ltd v Keppel Fels Ltd: 1999

Citations:

[1999] 2 Lloyd’s Rep 24

Jurisdiction:

England and Wales

Cited by:

Mentioned – Cetelem 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. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 05 December 2022; Ref: scu.226189

Patel v Patel: CA 24 Mar 1999

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.

Citations:

Times 09-Apr-1999, [1999] EWCA Civ 1080

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Cited by:

Cited – Seabridge Shipping AB v AC Orssleff’s EFtF’s A/S QBD 1999
The court discussed the policies underlying the 1996 Act: ‘One of the major purposes of the Arbitration Act 1996 was to set out most of the important principles of the law of arbitration of England and Wales in a logical order and expressed in a . .
Cited – Lesotho 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: 05 December 2022; Ref: scu.145995

Harbour General Works Ltd v Environment Agency: 2000

Citations:

[2000] 1 Lloyd’s Rep 65

Jurisdiction:

England and Wales

Cited by:

Mentioned – Cetelem 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. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 01 December 2022; Ref: scu.226190

Virdee v Virdi: CA 2003

Citations:

[2003] EWCA Civ 41

Jurisdiction:

England and Wales

Cited by:

Cited – Cetelem 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. . .
Cited – Cetelem 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. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 01 December 2022; Ref: scu.226186

A v B: ComC 22 Apr 2020

Reserved judgment on the defendant’s application to set aside the order granting leave to enforce an arbitration award

Judges:

Mrs Justice Moulder

Citations:

[2020] EWHC 952 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 01 December 2022; Ref: scu.651146

Times Trading Corporation v National Bank of Fujairah (Dubai Branch): ComC 5 May 2020

Claimant’s application for an interim anti-suit injunction restraining National Bank of Fujairah (Dubai Branch) from prosecuting or continuing proceedings it has commenced against Times in the High Court of the Republic of Singapore. The basis for the application is that such proceedings have been commenced in breach of NBF’s contractual obligation to arbitrate in London.

Judges:

Mrs Justice Cockerill DBE

Citations:

[2020] EWHC 1078 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration, Transport

Updated: 01 December 2022; Ref: scu.651182

Forbes v Underwood: 1886

The supervisory jurisdiction of the Court of Session was used to compel an arbiter to proceed with an arbitration agreed under a private contract.

Citations:

(1886) 13 R 465

Jurisdiction:

Scotland

Cited by:

Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Administrative, Arbitration

Updated: 30 November 2022; Ref: scu.237573

Rose Vision And Sesena v Commission: ECFI 5 Mar 2015

ECJ Judgment – Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreements concerning FIRST projects FutureNEM and Sisi – Action for annulment and damages – Reclassification of the action – Admissibility – Suspension of Payments – Deadline for submission of the audit report – Dissemination of information to third parties

Citations:

T-45/13, [2015] EUECJ T-45/13, ECLI: EU: T: 2015 138, [2018] EUECJ T-45/13RENV

Links:

Bailii, Bailii

Jurisdiction:

European

Arbitration

Updated: 27 November 2022; Ref: scu.543917

Fidelitas Shipping Co Ltd v V/O Exportchleb: CA 1965

Where there is an award that is on its face an interim award, then the arbitrator is only functus officio with respect to the issues dealt with in that interim award and retains the authority to deal with the remaining matters. Issue estoppel applies to arbitration proceedings, including interim awards, as it does to normal civil litigation.
Lord Denning MR said: ‘Within one issue, there may be several points available which go to aid one party or the other in his efforts to secure a determination of the issue in his favour. The rule then is that each party must use reasonable diligence to bring forward every point which he thinks would help him. If he omits to raise any particular point, from negligence, inadvertence, or even accident (which would or might have decided the issue in his favour) he may find himself shut out from raising that point again, at any rate in any case where the self-same issue arises in the same or subsequent proceedings. But this again is not an inflexible rule. It can be departed from in special circumstances.’

Judges:

Lord Denning MR, Diplock LJ

Citations:

[1966] 1 QB 630, [1965] 2 WLR 1059, [1965] 2 All ER 4, [1961] 1 Lloyds Rep 223

Jurisdiction:

England and Wales

Cited by:

Cited – Rysaffe Trustee Company (CI) Ltd and Another v Ataghan Ltd and others ChD 8-Aug-2006
Complex family trusts had been created over many years. Various documents were now disputed, and particularly the extent of land demised by a lease, and whether a surender of a lease had occurred. Landslides had disturbed the boundaries of the land. . .
Cited – Brown v Rice and Another ChD 14-Mar-2007
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had . .
Cited – Coke-Wallis, Regina (on The Application of) v Institute of Chartered Accountants In England and Wales SC 19-Jan-2011
The appellant chartered accountant had been convicted in Jersey after removing documents from his offices relating to a disputed trust and in breach of an order from his professional institute. The court now considered the relevance and application . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Arbitration

Updated: 27 November 2022; Ref: scu.245079

Morgan Sindall Plc v Sawston Farms (Cambs) Ltd: CA 3 Dec 1998

An option had been given for the purchase of land. The claimant challenged the value assigned on exercising the option. The landowner subsequently disclosed a right of way over the land.
Held: An expert’s valuation cannot be challenged if it is honest, and given in good faith. It cannot be challenged for mistake. The valuation was non-speaking in that no justification was given. The less is said, the more difficult it is for a valuation to be challenged. A notional vendor who ruthlessly exploits a purchaser (see Northern Electric) must be disregarded because he would not be a willing vendor or lessor. Nevertheless to argue so must be to import reasons merely to challenge them. Appeal dismissed.

Judges:

Lord Justice Robert Hutchison, Lord Justice Robert Walker, Lord Justice Tuckey

Citations:

[1998] EWCA Civ 1905

Jurisdiction:

England and Wales

Citing:

Cited – Jones v Sherwood Computer Services Limited plc CA 1992
A contract provided for the sale and purchase of shares. In the absence of agreement a third party firm of accountants would act as valuer as an expert, and his decision was to be final and binding on the parties. One party now appealed a decision . .
Cited – Campbell v Edwards CA 1976
The court looked at its ability to set aside an expert’s certificate as to value.
Held: If an expert valuer has undertaken his task honestly and in good faith, the outcome cannot be challenged simply because he has made a mistake or one side . .
Cited – Stokes v Cambridge Corporation LT 1961
The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership.
Held: When . .
Cited – Northern Electric Plc v Addison CA 12-Jun-1997
The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which . .
Lists of cited by and citing cases may be incomplete.

Contract, Arbitration

Updated: 27 November 2022; Ref: scu.145384

O’Callaghan v Coral Racing Ltd: CA 19 Nov 1998

An agreement for the referral of disputes to arbitration made as part of a gaming agreement is as unenforceable as the void agreement of which it is part and parcel.

Judges:

Lord Justice Hirst Lord Justice May And Sir Christopher Slade

Citations:

Times 26-Nov-1998, [1998] EWCA Civ 1801

Jurisdiction:

England and Wales

Contract, Arbitration

Updated: 27 November 2022; Ref: scu.145280

In re Magi Capital Partners LLC: 2003

The court stayed a petition under the section to allow for an arbitration.

Citations:

[2003] EWHC 2790 (Ch)

Statutes:

Companies Act 1985 459

Jurisdiction:

England and Wales

Cited by:

Cited – Exeter City AFC Ltd v Football Conference Ltd and Another ChD 29-Jan-2004
The football club played in a league operated by the first defendant, which sought a stay of an application for relief from unfair prejudice, saying their was a binding obligation for the complaint to be referred to arbitration.
Held: ‘the . .
Lists of cited by and citing cases may be incomplete.

Company, Arbitration

Updated: 26 November 2022; Ref: scu.193480

Re Poyser and Mills’ Arbitration: 1963

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 meet the requirement that reasons must be adequate to see how it was reached.
Megaw J said: ‘Parliament provided that reasons shall be given, and in my view that must be read as meaning that proper, adequate reasons must be given. The reasons that are set out must be reasons which will not only be intelligible, but which deal with the substantial points that have been raised.’ There must be something ‘substantially wrong or inadequate’ in the reasons given before it can be set aside. The reasons can be briefly stated.

Judges:

Megaw J

Citations:

[1963] 1 All ER 612, [1964] 2 QB 467

Statutes:

Tribunals and Inquiries Act 1958 12

Jurisdiction:

England and Wales

Cited by:

Cited – Regina on Application of M v Criminal Injuries Compensation Appeals Panel Admn 31-Aug-2001
The complainant had suffered repeated acts of sexual abuse as a child including acts of penetration. She sought compensation under the scheme, but was initially refused on the basis that it was not a crime of violence, then later awarded pounds . .
Cited – Office of Fair Trading and others v IBA Health Limited CA 19-Feb-2004
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties . .
Cited – Regina v District Auditor, Gateshead ex parte Judge P CA 8-Nov-1996
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: . .
Applied – Edwin H Bradley and Sons Ltd v Secretary of State for the Environment 1982
Reasons given for a decision may be brief, whilst still following Poyser. The fact that a procedure is not in the nature of a judicial or quasi-judicial hearing between parties may mean that the requirement to give a party full opportunity to . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – Hope v Secretary of State for the Environment 1975
. .
Cited – Save Britain’s Heritage v Number 1 Poultry Ltd HL 28-Feb-1991
An order allowing demolition of a listed building was possible even though the building itself remained viable. The function of the courts was to validate the decision making process, not the merits of the decision.
Lord Bridge analysed the . .
Approved – Westminster City Council v Great Portland Estates plc HL 31-Oct-1984
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? . .
Cited – William Cook Estates and Northern Land Management Limited v Secretary of State for Environment and Redcar and Cleveland Borough Council and Somerfield Stores Limited CA 18-Mar-1998
. .
Cited – Pogonowska, Regina (on the Application of) v London Borough of Camden Admn 5-Nov-2008
The appellant challenged a decision of the Valuation Tribunal. The Council responded that as an appeal of fact it was not allowed. . .
Cited – Uprichard v Scottish Ministers and Another (Scotland) SC 24-Apr-2013
The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had . .
Cited – AA069062014 and Others AIT 30-Aug-2017
Several appellants, all from the same judge, complained of his handling of their cases.
Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting . .
Cited – Dover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 26 November 2022; Ref: scu.183438

Co-Operative Wholesale Society Ltd (Trading As CWS Engineering Group) v Birse Construction Ltd et Cetera: CA 23 Jul 1997

JCT terms not intended to protect sub-contractor against insolvency of the main contractor allowing claim against main employer.

Citations:

Gazette 23-Jul-1997, [1997] EWCA Civ 2062

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 26 November 2022; Ref: scu.79488

Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others: CA 10 Sep 1998

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.

Judges:

Hobhouse LJ

Citations:

Times 22-Oct-1998, Gazette 28-Oct-1998, [1998] EWCA Civ 1460, [1999] 1 WLR 270, [1999] CLC 165

Links:

Bailii

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Cited by:

Appeal from – Inco Europe Ltd and Others v First Choice Distributors (A Firm) and Others HL 10-Mar-2000
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
Cited – Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
Cited – LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others SC 17-May-2017
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Constitutional

Updated: 25 November 2022; Ref: scu.82311

Fakes v Taylor Woodrow Construction Limited: 1973

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.

Citations:

[1973] QB 436

Jurisdiction:

England and Wales

Cited by:

Cited – Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited CA 21-Nov-1996
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. . .
Cited – Malekout v Medical Sickness Annuity and Life Assurance Society Limited CA 21-May-1998
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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 25 November 2022; Ref: scu.192639

Johnson v Latham: 1851

In an arbitration concerning the right to maintain a weir, one issue was the depth of water which the defendant was entitled to maintain behind the weir. The award directed that, to define the height, marks should be placed as a third party should direct. The arbitrator made an award of costs in favour of the defendant which was taxed by the Master at pounds 172. The award was then successfully challenged on the ground that the arbitrator had wrongly delegated to the third party a question which he should himself have decided. The court remitted the award to the arbitrator, who added a plan indicating what the height of water should be. The defendant claimed costs under the allocatur of the Master after the original award and the plaintiff objected that the costs should have been taxed again after the second award. In support of the plaintiff’s argument, Mr Watson said, at p 238 ‘At the time the Master taxed the costs he had no jurisdiction, for the award was bad’. Erle J interrupted: ‘It was not adjudged bad. It was only sent back to the arbitrator on one point’. Mr Watson modified his submission slightly: ‘After it was so sent back there was no existing award until the new award was made’. Erle J commented: ‘What became of the award as to the residue of the matters which were not sent back, pending the second reference? It seems to be in a manner suspended’. Later, Erle J put a question to Mr Watson: ‘Suppose an award good as to three points, and bad as to the fourth, and sent back as to that alone, as at present advised I am of opinion that the arbitrator is functus officio as to the three and cannot alter his judgment as to them.’ Mr Watson did not dissent from the substance of this opinion. He said: ‘The arbitrator must re-award his previous award as to them, or the old award may stand as to them after the new award is made.’

Judges:

Erle J

Citations:

(1851) 20 LJ QB 236

Jurisdiction:

England and Wales

Cited by:

Cited – Carter (T/A Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd (Jamaica) PC 14-Jun-2004
(Jamaica) A joint venture partnership dispute was referred to arbitration. Certain elements were appealed and remitted. One party claimed that the entire arbitration was deprived of legal effect.
Held: The amended award following remittal was . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 24 November 2022; Ref: scu.198418

Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria: ComC 7 Oct 2010

The courts do not approach arbitration awards with a meticulous legal eye endeavouring to pick holes, inconsistencies and faults or with the object of upsetting or frustrating the process of arbitration.

Judges:

Burton J

Citations:

[2011] 1 Lloyd’s Rep 537, [2011] 1 All ER (Comm) 939, [2010] EWHC 2828 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria ComC 31-Jul-2009
. .

Cited by:

Cited – Progress Bulk Carriers Ltd v Tube City IMS Llc ComC 17-Feb-2012
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. . .
Cited – DPP Law Ltd v Greenberg CA 7-May-2021
Respect for ET judgment where prriciples set out
The respondent solicitor, had unlawfully accepted a payment of cash from the father of a criminal Legal Aid client. The firm now appealed from a finding that he had been unlawfully dismissed for gross misconduct.
Held: The appeal succeeded: . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 23 November 2022; Ref: scu.447407

The Ermoupolis: 1990

A claim for the tort of conversion fell within the phrase ‘any dispute arising in any way whatsoever out of this bill of lading’.

Citations:

[1990] 1 Lloyds Rep 16

Jurisdiction:

England and Wales

Citing:

Followed – Empresa Exportadora de Azucar v Industria Azucarera Nacional S.A, The Playa Larga CA 1983
There had been a theft by Cuban sellers of one cargo of sugar, property in which had already passed to the buyers, and non-delivery of a second combined with trickery whereby the intended buyers were nonetheless induced to pay its price. The first . .

Cited by:

Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Lists of cited by and citing cases may be incomplete.

Torts – Other, Arbitration

Updated: 23 November 2022; Ref: scu.248225

The Jocelyne: 1977

Judges:

Brandon J

Citations:

[1977] 2 Lloyds 121

Jurisdiction:

England and Wales

Cited by:

Cited – Ernest John Fifield and Another v W and R Jack Limited PC 29-Jun-2000
PC (New Zealand) The tenants sought an extension of time to take their rent review to arbitration. The Landlords appealed a grant of leave.
Held: The grant of leave was discretionary where the court found . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 23 November 2022; Ref: scu.244799

Zermalt Holdings SA v NuLife Upholstery Repairs Ltd: 1985

The court considered its general approach to appeals against awards in arbitrations. Bingham J said: ‘as a matter of general approach the courts strive to uphold arbitration awards. They do not approach them with a meticulous legal eye endeavouring to pick holes, inconsistencies and faults in awards and with the objective of upsetting or frustrating the process of arbitration. Far from it. The approach is to read an arbitration award in a reasonable and commercial way expecting, as is usually the case, that there will be no substantial fault that can be found with it.’

Judges:

Bingham J

Citations:

[1985] EGLR 14

Statutes:

Arbitration Act 1950

Jurisdiction:

England and Wales

Cited by:

Cited – Fidelity Management SA and others v Myriad International Holdings Bv and others ComC 9-Jun-2005
. .
Cited – Michael 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 . .
Cited – DPP Law Ltd v Greenberg CA 7-May-2021
Respect for ET judgment where prriciples set out
The respondent solicitor, had unlawfully accepted a payment of cash from the father of a criminal Legal Aid client. The firm now appealed from a finding that he had been unlawfully dismissed for gross misconduct.
Held: The appeal succeeded: . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 23 November 2022; Ref: scu.227114

Prodexport State Company for Foreign Trade v E D and F Man Ltd: 1973

An arbitrator has jurisdiction to hear a case where the contract has been affected by supervening rather than ab initio illegality.

Citations:

[1973] QB 389

Jurisdiction:

England and Wales

Cited by:

Cited – Soleimany v Soleimany CA 4-Mar-1998
The parties were Iranian Jews, father and son. The son arranged to export carpets from Iran in contravention of Iranian law. The father and son fell into dispute about their contracts and arranged for the issues to be resolved by the Beth Din . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 23 November 2022; Ref: scu.219319

The Stena Pacifica: 1990

A clause in an agreement gave both parties an option or election to refer disputes to arbitration.
Held: The agreement was valid and allowed an arbitration

Judges:

Evans J

Citations:

[1990] 2 Lloyds Law Rep 234

Jurisdiction:

England and Wales

Citing:

Approved – The Messiniaki Bergen 1983
In an agreement between the parties, the English Courts were given jurisdiction over disputes but either party had a right to elect that the dispute be referred to arbitration. It was argued that there was no existing binding agreement to arbitrate . .

Cited by:

Cited – NB Three Shipping Ltd. v Harebell Shipping Ltd ComC 13-Oct-2004
Under charterparty agreements, certain disputes were to be referred to arbitration. The claimant sought to pursue a dispute before the court.
Held: The lack of mutuality on the arbitration clause did not prevent its validity. The party had the . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 23 November 2022; Ref: scu.216401

Henry Boot Construction v Malmaison Hotel (Manchester) Ltd: TCC 1999

Judges:

HHJ Dyson

Citations:

(1999) 70 Con LR 32

Jurisdiction:

England and Wales

Citing:

Questioned – Balfour Beatty Building Ltd v Chestermount Properties Ltd 1993
It was argued that the party seeking a referral to arbitration need only rely on the existence of relevant events for its entitlement to an extension of time and has no regard for any delay for which it may be culpable and which may impact at the . .

Cited by:

Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award.
Held: The dispute was complex and . .
Appeal from – Henry Boot Construction (UK) Limited v Malmaison Hotel (Manchester) Limited CA 25-May-2000
Where a party appealed against an arbitration to the County or High Court, the court which gave judgment was the sole body able to give permission to enter an appeal under the Act. An appellate court did not have jurisdiction to give leave to . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 22 November 2022; Ref: scu.235380

Malekout v Medical Sickness Annuity and Life Assurance Society Limited: CA 21 May 1998

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 account of the fact that the claimant was receiving income support as an indication of his lack of funds. Since a payment under the policies would have put him in funds, the fact of non-payment was connected to his present inability to fund an action, and nor was it correct to have dismissed the plaintiff’s need for assistance in an arbitration where technical legal and medical issues would arise.

Citations:

[1998] EWCA Civ 872

Jurisdiction:

England and Wales

Citing:

Cited – Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited CA 21-Nov-1996
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. . .
Cited – Fakes v Taylor Woodrow Construction Limited 1973
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. . .
Cited – Connelly v RTZ Corporation Plc and others HL 24-Jul-1997
The availability of legal aid to a party is not part of criteria for choosing jurisdiction save in exceptional circumstances.
Lord Goff discussed the Spiliada case: ‘the burden of proof rests on the defendant to persuade the court to exercise . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Legal Aid

Updated: 19 November 2022; Ref: scu.144351

Rahcassi Shipping Co SA v Blue Star Line Ltd: 1967

The court was asked who would count as a ‘commercial man’ for the purposes of an arbitration agreement.
Held: The court declined to set out any general principles about who would qualify as a commercial man, but the term must be given a sensible and practical construction. The phrase was not so vague as to render the arbitration provision invalid, but was specifically chosen to be general, so that a wide field of people with commercial experience might be appointed.

Citations:

[1967] 2 Lloyds Rep 261

Jurisdiction:

England and Wales

Arbitration

Updated: 19 November 2022; Ref: scu.346207

Dulwich Estate v Baptiste: ChD 15 Feb 2007

The freeholder had proposed a loft conversion, and sought but was refused agreement from the trustees of the estate management scheme. The scheme required any owner wanting to make a material alteration to the appearance of a property to obtain the prior written consent of the trustees. That consentwas not to be unreasonably withheld. The arbitrator held in his favour, and the trustees appealed.
Held: The test for the arbitrator was not what decision he would have made, but whether the decision made by the trustees was one which could have been reached by a reasonable man in the circumstances. The matter was remitted to the arbitrator.

Judges:

Jonathan Crowe QC

Citations:

Times 22-Feb-2007, [2007] EWHC 410 (Ch), [2007] ArbLR 15

Links:

Bailii

Jurisdiction:

England and Wales

Land, Arbitration

Updated: 19 November 2022; Ref: scu.341731

R G Grain Trade Llp (UK) v Feed Factors International Ltd: ComC 20 Jul 2011

Appeal against award.
The claimant sellers appealed against an arbitration award asking ‘(1) Whether on a true construction of the contract, the certificates of quality and condition issued by the superintendent chosen by the Sellers were final and binding; and
(2) Whether the Buyers were entitled to reject the documents and the goods despite the terms of clause 5 of GAFTA No. 119.’

Judges:

Hamblen J

Citations:

[2011] EWHC 1889 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration, Contract

Updated: 14 November 2022; Ref: scu.442003

Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel.
Held: A typed signature on a fax was capable of being an acknowledgement since section 30 derived from the 1677 Act which would have accepted such. ‘The crucial point here is that Navlomar’s typed signature appeared on the telex in circumstances in which it is evident that it was put on with Navlomar’s authority’ and ‘to establish an issue estoppel four conditions must be satisfied (1) the judgment must be given by a foreign court of competent jurisdiction; (2) the judgment must be final and conclusive and on the merits; (3) there must be identity of parties; and (4) there must be identity of subject matter, which means that the issue decided by the foreign court must be the same as that arising in the English proceedings.’ The issue had not been a necessary part of the Romanian decision (under 2 above), and therefore no issue estoppel arose.
When an ex parte application for leave was made under s.26, that was an action brought for the purposes of s.7 of the Limitation Act 1980; that was because such an application was an alternative to proceeding by way of writ or originating summons.

Judges:

Lord Justice Clarke Lord Justice Mantell Mr Justice Rimer

Citations:

[2003] EWCA Civ 1668, Times 27-Nov-2003, Gazette 15-Jan-2004, [2004] 1 Lloyd’s Rep 67

Links:

Bailii

Statutes:

Limitation Act 1980 30

Jurisdiction:

England and Wales

Citing:

Cited – Agromet Motoimport Ltd v Maulden Engineering Co (Beds) Ltd 1985
Time begins to run on the collection of an arbitration award, not from the date upon which the award is made or published, but from the date when the paying party is in breach of its implied obligation to pay the award. . .
Cited – Schneider v Norris 1814
The name of a seller was printed on a bill of parcels but he in turn wrote on the contract the name of the purchaser.
Held: The seller had adopted the writing of his own name and a signature within the Statute of Frauds. The essential . .
Cited – The Anemone 1987
Owners wished to let their vessel on time charter to Afram Line Limited but were unwilling to do so without a guarantee. The negotiations were conducted by Centre Shipping on behalf of owners and Dipgrove Holdings on behalf of charterers. It was . .
Cited – Decouvreur v Jordan CA 1987
The essential characteristics of a signature are that it indicates recognition and approval of the contents of a document.
Nourse LJ said: ‘Any writing by the party to be charged by which he identifies himself or by which he can be identified . .
Cited – Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
Cited – The Sennar (No 2) HL 1985
The Henderson v Henderson principle should only be applied where it is clear (i) that the decision or determination relied on was made by a foreign court of competent jurisdiction and (ii) the decision upon the issue later sought to be raised is a . .
Cited – Desert Sun Loan Corporation v Hill CA 21-Feb-1996
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 . .
Cited – Godard v Gray 1870
A judgment in personam of a foreign court of competent jurisdiction cannot be questioned or impeached by the parties on the merits when recognition or enforcement of the judgment is sought in England, notwithstanding that it may have been wrong . .
Cited – Arnold v National Westminster Bank Plc HL 1991
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been . .
Cited – Regina v Inhabitants of the Township of Hartington Middle Quarter 22-Feb-1855
Coleridge J said: ‘The question then is, whether the former judgment concludes, not merely as to the point actually decided, but as to a matter which it was necessary to decide, and which was actually decided, as the groundwork of the decision . .
Cited – Penn-Texas Corporation v Murat Anstalt (No 2) CA 1964
The court considered a claim for an issue estoppel arising from a foreign judgment: ‘In my opinion a previous judgment between the same parties is only conclusive on matters which are conclusive and necessary to the decision. It is not conclusive on . .
Cited – Thoday v Thoday CA 1964
The court discussed the difference between issue estoppel, and action estoppel: ‘The particular type of estoppel relied upon by the husband is estoppel per rem judicatam. This is a generic term which in modern law includes two species. The first . .
Cited – Re State of Norway’s Application (No 2) CA 1988
The basic requirement for an issue estoppel to arise was that ‘the earlier determination relied on as raising an issue estoppel shall have been fundamental to the decision first arrived at’. The Board did not accept that an issue estoppel is . .
Cited – Duedu v Yiboe PC 1961
. .
Appeal from – Good Challenger Navegante S A v Metalexportimport S A ComC 10-Jan-2003
. .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
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 . .

Cited by:

Cited – British American Tobacco (Investments) Ltd v United States of America CA 30-Jul-2004
The claimant appealed an order for its London solicitor to be examined in connection with proceedings in the US.
Held: A court should not make an order which was superfluous. The witness had now given his evidence. However, the foreign . .
Cited – National Ability Sa v Tinna Oils and Chemicals Ltd CA 11-Dec-2009
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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Limitation

Updated: 14 November 2022; Ref: scu.188223

Soleimany v Soleimany: CA 4 Mar 1998

The parties were Iranian Jews, father and son. The son arranged to export carpets from Iran in contravention of Iranian law. The father and son fell into dispute about their contracts and arranged for the issues to be resolved by the Beth Din according to Beth Din rules which incorporated Jewish Law. The son applied to record the award as a judgment under the 1950 Act. The son resisted enforcement, saying the contract was illegal and should not be enforced. Under the laws of the Beth Din, a contract to perform an illegal contract was enforceable, but under English law it would not be.
Held: An English court is not to enforce a valid arbitration award where it was based upon a contract which was illegal under English Law. The court was dealing with judgment which found as a fact that it was the common intention to commit an illegal act, but still enforces the contract. If the award were a judgment of a foreign court, the English court would not enforce it. Did the fact that it was an arbitration make a difference? ‘An English court would not recognise an agreement between highwaymen to arbitrate their differences any more than it would recognise the original agreement to split the proceeds.’ The reference itself was valid, and the Beth Din had jurisdiction, but: ‘The court is . . . concerned to preserve the integrity of its process, and to see that it is not abused. The parties cannot override that concern by private agreement. They cannot by procuring an arbitration conceal that they, or rather one of them, is seeking to enforce an illegal contract. Public policy will not allow it.’ and ‘In our view, an enforcement judge, if there is prima facie evidence from one side that the award is based on an illegal contract, should enquire further to some extent. . . The judge has to decide whether it is proper to give full faith and credit to the arbitrator’s award. Only if he decides at the preliminary stage that he should not take that course does he need to embark on a more elaborate enquiry into the issue of illegality.’

Judges:

Lord Justice Morritt, Lord Justice Waller, Sir Christopher Staughton

Citations:

Times 04-Mar-1998, [1998] EWCA Civ 285, [1999] QB 785, [1998] 3 WLR 811, [1999] 3 All ER 847, [1998] CLC 779

Links:

Bailii

Statutes:

Arbitration Act 1950 50

Jurisdiction:

England and Wales

Citing:

Cited – St John Shipping Corporation v Joseph Rank Limited 1956
The defendants held a bill of lading for part of the cargo carried on the plaintiffs’ vessel from Mobile, Alabama, to Birkenhead. The vessel was over laden and the plaintiffs were guilty of an offence under the 1932 Act. The defendants relied on the . .
Cited – Royal Boskalis Westminster NV and others v Mountain and others CA 28-Feb-1997
Effect of illegality on a contract.
Held: Reversed . .
Cited – Archbolds (Freightage) Ltd v S Spanglett Ltd (Randall, third party) CA 1961
The court considered the effect of illegality on a contract. Devlin LJ said: ‘The effect of illegality on a contract may be threefold. If at the time of making the contract there is an intent to perform it in an unlawful way, the contract, although . .
Cited – Foster v Driscoll, Lindsay v Attfield, Lindsay v Driscoll 1929
During the American prohibition, a group in England and Scotland planned to ship 7,500 cases of whisky to North America, and hoped to make extraordinary profits. But they fell out and resorted to litigation between themselves.
Held: Sankey LJ . .
Cited – Regazzoni v Sethia HL 1957
The House considered a mutual intention of both parties to perform a contract, which was not illegal on its face, but in a manner which was contrary to the law of the place where it was to be performed.
Held: Lord Reid said: ‘To my mind, the . .
Cited – Taylor v Barnet CA 1953
‘an arbitrator has no jurisdiction or authority to award damages on an illegal contract’ . .
Cited – Tinsley v Milligan HL 28-Jun-1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the . .
Cited – Soinco S A C I and Another v Novokuznetsk Aluminium Plant and others CA 16-Dec-1997
The contract provided for arbitration under the International Arbitration Rules of the Zurich Chamber of Commerce. The arbitrators considered an assertion of illegality by NKAP, and rejected it with reasons. Thereafter a decision of a Russian court, . .
Cited – Vervaeke v Smith HL 1983
A petitioner for a decree of nullity of an English marriage in the English courts on the grounds of lack of consent to the marriage, having failed to obtain such decree, obtained a declaration from the Belgian court that the English marriage, was . .
Cited – Joe Lee Ltd v Lord Dalmeny 1927
Bets were disputed, and particularly the status of a clause in the bookmaker’s book of rules which provided: ‘Should unfortunately any dispute arise we stipulate that the matter be referred within 30 days to the editor of any paper in which we . .
Cited – Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd CA 7-Apr-1993
An action was brought by re-insurers for a declaration that reinsurance policies were void for illegality, and that the plaintiffs were not liable under them. The illegality alleged was that the defendants were not registered or approved to carry on . .
Cited – London Export Corporation v Jubilee Coffee Roasting Co Ltd 1958
The court considered any discretion not to enforce a valid arbitration award: ‘When the arbitration agreement has been construed and no breach of the agreed procedure found there may nevertheless arise a second and quite separate question: that is, . .
Cited – Israel Discount Bank of New York v Hadjipateras CA 1983
An application was made to enforce a judgment in England. The respondent alleged that he had signed a guarantee under the undue influence of his father.
Held: The Court reversed the decision of the first instance judge. The substance of the . .
Cited – James Laing Son and Co Ltd v Eastcheap Dried Fruit Company 1962
McNair J said: ‘An English court exercises control over the enforcement of the arbitral award as part of the lex fori, whatever the proper law of the arbitration agreement or the place where the arbitration is conducted. If a claimant wishes to . .
Cited – Holman v Johnson 5-Jul-1775
ex turpi causa non oritur actio
A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality.
Held: The defence . .
Cited – Westacre Investments Inc v Jugoimport-SDPR Holding Co Ltd ComC 19-Dec-1997
There was a consultancy agreement, under which it was said to be contemplated or intended (or both) that the plaintiffs would bribe Kuwaiti officials in order to obtain contracts for the purchase of military equipment. The contract was governed by . .
Cited – Binder v Alachouzos CA 1972
A contract recited that the parties had been advised by solicitors and counsel that the Moneylenders Acts did not apply to transactions which were the subject of legal proceedings between them, and went on to provide for a compromise.
Held: . .
Cited – Birtley and District Co-operative v Wendy Nook and District Industrial Co-operative Society 1960
Two co-operative societies disputed the areas they were to cover, and went to arbitration. The dispute was followed by an award.
Held: ‘There is nothing on the face of the award to indicate that it is an unreasonable restraint of trade, . .
Cited – Prodexport State Company for Foreign Trade v E D and F Man Ltd 1973
An arbitrator has jurisdiction to hear a case where the contract has been affected by supervening rather than ab initio illegality. . .
Lists of cited by and citing cases may be incomplete.

Contract, Arbitration

Updated: 14 November 2022; Ref: scu.89392

Novasen Sa v Alimenta Sa: ComC 27 Feb 2013

Arbitration appeal raising issues concerning the construction and application of the FOSFA Prohibition and Default Clauses, and the relevance of subsequent events to the assessment of damages in accordance with common law principles.

Judges:

Popplewell J

Citations:

[2013] EWHC 345 (Comm), [2013] Bus LR D79, [2013] 1 CLC 405, [2013] 2 All ER (Comm) 162, [2013] 1 Lloyd’s Rep 648

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Bunge Sa v Nidera Bv SC 1-Jul-2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 14 November 2022; Ref: scu.471225

Halki Shipping Corporation v Sopex Oils Limited: CA 19 Dec 1997

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 payable. In arbitration proceedings a party is entitled to stay other proceedings between parties unless they refer to a different matter or there was some fault in the arbitration agreement.

Judges:

Swinton Thomas LJ

Citations:

Times 19-Jan-1998, [1998] CLC 583, [1997] EWCA Civ 3062, [1998] 1 WLR 726, [1998] 1 Lloyd’s Rep 465, [1998] 2 All ER 23

Links:

Bailii

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Citing:

Appeal from – Halki Shipping Corporation v Sopex Oils Ltd, The Halki QBD 16-Jul-1997
The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. . .

Cited by:

Appealed to – Halki Shipping Corporation v Sopex Oils Ltd, The Halki QBD 16-Jul-1997
The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. . .
Cited – Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd CA 7-Dec-2004
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 . .
Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 13 November 2022; Ref: scu.143461

Cargill International SA Antigua (Geneva Branch) and Another v Sociedad Iberica De Molturacion SA and others Sociedad Iberica De Molturacion SA v Cargill International SA (T/a Cargill International SA (Geneva Branch) and others: CA 16 Dec 1997

A dissenting arbitrator, acting under the GAFTA 125 Rules, was not entitled to insist that his reasons for dissenting be included in the award.

Citations:

Times 26-Dec-1997, Gazette 21-Jan-1998, Gazette 28-Jan-1998, [1997] EWCA Civ 3001

Statutes:

Grain and Feed Trade Association Rules

Jurisdiction:

England and Wales

Arbitration

Updated: 13 November 2022; Ref: scu.143400

NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013

The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head charterers. Construction of the meaning and effect of an off-hire clause contained in a time charter.
Held: Field J remitted the matter to the arbitrators to establish causation. The arrest of the cargo and the vessel was not done as part of the performance of the discharging operation, and was irrelevant. However, he considered that IBG’s failure to discharge the cargo within the laydays allowed by its contract of sale with Transclear and its failure to pay the resultant demurrage arising under that contract, were omissions in the course of their performance of the discharging operation. This was because ‘it was Cargill after all who set in train the process of delegation and gave delegating parties a free hand to agree terms with delegates’

Judges:

Field J

Citations:

[2013] EWHC 30 (Comm), [2013] 1 Lloyd’s Rep 455

Links:

Bailii

Statutes:

Arbitration Act 1996 69

Jurisdiction:

England and Wales

Citing:

Cited – Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty (‘Doric Pride’) CA 25-Jan-2006
The court considered the relationship between express an implied warranties.
Held: Under a time charterparty, hire continues to run unless the charterer can bring himself within the plain words of an off-hire provision; the risk of delay is . .
Cited – Mediolanum Shipping Co v Japan Lines Ltd (‘The Mediolanum’) CA 1984
The charterers had contracted to provide and pay for fuel. They ordered her to a safe port but she was directed to an unsafe place in that port by the refinery with whom the charterer had contracted for the supply of bunkers. The court was asked to . .
Cited – Adelfamar SA v Silos e Mangimi Martini Spa (‘the Adelfa’) 1988
. .
Cited – Adelfamar SA v Silos e Mangimi Martini Spa (‘the Adelfa’) 1988
. .

Cited by:

At ComC – NYK Bulkship (Atlantic) Nv v Cargill International Sa SC 11-May-2016
The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer.
Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the . .
At ComC – NYK Bulkship (Atlantic) NV v Cargill International SA CA 8-Apr-2014
The court was asked as to ‘the true construction and application of a proviso to an off hire clause in a time charterparty, dealing with the capture, seizure, detention or arrest of the vessel. The issue thus raises the familiar question as to the . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Transport

Updated: 13 November 2022; Ref: scu.470709

Bunge Sa v Nidera Bv: ComC 29 Jan 2013

The Court was asked: ‘2.1 Is the application of the GAFTA prohibition clause limited to a case where it can be seen after the event that performance of the contract has in fact been prevented by the prohibition in question?
2.2. Does the GAFTA default clause exclude common law principles for the assessment of damages for anticipatory repudiatory breach and in particular (i) the principle of mitigation and/or (ii) the compensation principle identified in The Golden Victory [2007] 2 AC 353?
2.3. Is the ‘overriding compensatory principle’ established by The Golden Victory limited to instalment contracts?
2.4. Was the board wrong in law to conclude that the buyers’ rejection of the sellers’ offer to reinstate the contract did not constitute a failure to mitigate on the ground that the sellers did not offer to reinstate the contract on different and more favourable terms than contained in the original contract?’
Held: The Court dismissed the appeal on issues 2.1, 2.2 and 2.4. Clause 20 of GAFTA determined the measure of damages whether or not it produced a result corresponding to the common law and issue 2.3 did not arise.

Judges:

HamblenJ

Citations:

[2013] EWHC 84 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bunge Sa v Nidera Bv CA 12-Dec-2013
The court heard an appeal from an order upholding an award made by the Board of Appeal of the Grain and Feed Trade Association concerning the effect of the Prohibition clause in the GAFTA standard form of contract for delivery on f.o.b. terms of . .
At First Instance – Bunge Sa v Nidera Bv SC 1-Jul-2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 13 November 2022; Ref: scu.470708

Arsanovia Ltd and Others v Cruz City 1 Mauritius Holdings: ComC 20 Dec 2012

Judges:

Andrew Smith J

Citations:

[2012] EWHC 3702 (Comm)

Links:

Bailii

Citing:

Cited – C v D CA 5-Dec-2007
The court considered an appeal under the Bermuda Form of international Liability Insurance which provided for arbitration in London subject to the internal laws of New York. The insurers threatened to challenge under US federal arbitration law in a . .

Cited by:

Cited – UST-Kamenogorsk Hydropower Plant Jsc v AES UST-Kamenogorsk Hydropower Plant Llp SC 12-Jun-2013
Arrangements between the parties owners and operators of a power plant in Kazakhstan required disputes to be arbitrated in London under ICC Rules. That clause was governed by English law, and the remainder by Kazakh law. A ruling by the Supreme . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 13 November 2022; Ref: scu.470540