Category: Arbitration

Re Boks and Co v Peters, Rushton and Co Ltd: CA 1919

The alternative procedure for seeking enforcement of an arbitrator’s award is by an action upon the award. The procedure is to be used only in ‘reasonably clear cases’.

Judges:

Scrutton LJ

Citations:

[1919] 1 KB 491

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 . .
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, Litigation Practice

Updated: 05 August 2022; Ref: scu.198416

Peterson Farms Inc v C and M Farming Ltd: ComC 4 Feb 2004

The claimant sought a declaration that an award made in an ICC arbitration was made without jurisdiction and void.

Judges:

Langley J

Citations:

[2004] EWHC 121 (Comm), [2004] 1 LLR 603, [2004] 1 Lloyd’s Rep 603, [2004] NPC 13

Links:

Bailii

Statutes:

Arbitration Act 1996 67

Jurisdiction:

England and Wales

Citing:

See Also – Peterson Farms v C and M Farming Ltd and Another ComC 5-Sep-2003
. .

Cited by:

Cited – Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan CA 20-Jul-2009
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside.
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 03 August 2022; Ref: scu.374029

Liberian Shipping v King: CA 1967

The court considered what was meant by undue hardship: ”Undue’ . . simply means excessive. It means greater hardship than the circumstances warrant. Even though a claimant has been at fault himself, it is an undue hardship on him if the consequences are out of proportion to his fault.’

Judges:

Lord Denning MR

Citations:

[1967] 2 QB 86

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: 31 July 2022; Ref: scu.244800

Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others: CA 1 Apr 1992

The arbitration agreement specified that disputes were to be arbitrated in Brussels, therefore there was no jurisdiction in an English court.

Citations:

Gazette 01-Apr-1992

Statutes:

Arbitration Act 1950 12 (6) (h)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others HL 17-Feb-1993
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction

Updated: 31 July 2022; Ref: scu.78975

Euro Construction Scaffolding Ltd v SLLB Construction Ltd: TCC 19 Dec 2008

False

Citations:

[2008] EWHC 3160 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Aedifice Partnership Ltd v Shah TCC 10-Aug-2010
The defendant challenged the arbitration enforcement saying that there had been no contract and therefore no jurisdiction for the arbitration. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 30 July 2022; Ref: scu.279958

The Trade Fortitude: 1986

The purpose of section 19A was to make explicit powers to award interest which had previously rested on implication.

Judges:

Dillon LJ

Citations:

[1986] 2 Lloyd’s Rep 209

Statutes:

Arbitration Act 1950 19A

Jurisdiction:

England and Wales

Cited by:

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

Transport, Arbitration, Damages

Updated: 28 July 2022; Ref: scu.185181

Aston FFI (Suisse) Sa v Louis Dreyfus Commodities Suisse Sa: ComC 23 Jan 2015

Challenge in respect of two questions of law arising out of the Award:
i) As a matter of law, can an FOB Buyer only reject goods in reliance on a certificate which complies with the documentary requirements set down in the payment terms of the contract?
ii) Was the Board of Appeal wrong in law to ignore the totality of the evidence bearing on the question of whether the cargo was contractually compliant and not to find for [Buyers] on liability?

Judges:

Eder J

Citations:

[2015] EWHC 80 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Arbitration

Updated: 26 July 2022; Ref: scu.541922

A and B v D and C: CA 1989

The phrase ‘may arise in connection with this agreement’ covered a dispute as to inspection and repair work carried out under a contract with no arbitration clause which related to the supply of a liquified gas plant pursuant to a different contract which had an arbitration clause containing that phrase.

Judges:

Mustill J

Citations:

[1989] 1 QB 488, [1989] QB 488, [1988] 2 All ER 577, [1988] 3 WLR 868

Jurisdiction:

England and Wales

Cited by:

Cited – Davies Middleton and Davies Ltd v Toyo Engineering Corporation CA 29-Aug-1997
Parties to a dispute agreed a way of resolving issues before arbitration. One party then sought to say that the agreement was void for uncertainty, being an agreement to agree.
Held: The agreement merely set a mechansim for resolving the . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 26 July 2022; Ref: scu.188393

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 occurred, and was now asked whether without prejudice communications made during the mediation could now be admitted.
Held: Mediation was now actively encouraged by the courts, and it required the use in general of the rule against admission of without prejudice statements. However, ‘the admission of those communications in evidence is not prevented by the without prejudice rule since the situation is fairly and squarely within the recognised exception to the rule in respect of such communications listed by Robert Walker LJ in Unilever.’ Admitting that material, the court found that there had been no concluded settlement.
Stuart Isaacs QC J said: ‘The possible existence and desirability of a distinct privilege attaching to the entire mediation process is also usefully discussed in Brown and Marriott ADR Principles and Practice (2nd edition, 1999) at paras 22-079 to 22-097. Counsel for both ADR Group and Mrs Patel accepted, however, that this case could be decided under the existing without prejudice rule. In particular, this was because it was common ground between the parties that the court could not properly require Mr Walker to give evidence and, consistently with clause 7.4 of the agreement to mediate, neither party was intending to issue a witness summons against him. I agree that this case can be decided under the existing without prejudice rule. It may be in the future that the existence of a distinct mediation privilege will require to be considered by either the legislature or the courts but that is not something which arises for decision now.’

Judges:

Stuart Isaacs QC J

Citations:

[2007] EWHC 625 (Ch)

Links:

Bailii

Statutes:

Insolvency Act 1986

Jurisdiction:

England and Wales

Citing:

Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Cited – Rush and Tomkins Ltd v Greater London Council HL 3-Nov-1988
The parties had entered into contracts for the construction of dwellings. The contractors sought payment. The council alleged shortcomings in the works. The principal parties had settled the dispute, but a sub-contractor now sought disclosure of the . .
Cited – Unilever plc v Procter and Gamble Company CA 4-Nov-1999
The defendant’s negotiators had asserted in an expressly ‘without prejudice’ meeting, that the plaintiff was infringing its patent and they threatened to bring an action for infringement. The plaintiff sought to bring a threat action under section . .
Cited – Muller and Another v Linsley and Mortimer (A Firm) CA 8-Dec-1994
The plaintiff sued his former solicitors for professional negligence. The damages he sought to recover related to loss he suffered when dismissed as a director of a private company leading to a forced sale of his shares in the company. The plaintiff . .
Cited – Hodgkinson and Corby Ltd and Another v Wards Mobility Services Ltd ChD 6-Nov-1996
The claimants brought a claim in passing-off first obtaining an interim injunction but then failing at trial. The defendants then claimed under the undertaking in damages given. The claimants now sought to say that the injunction could have been . .
Cited – Talbot v Berkshire County Council CA 23-Mar-1993
In a motor accident, both driver and passenger were injured. The passenger sued the driver. The driver’s insurers, without notice to the driver, made a third party claim against the Berkshire County Council, claiming contribution as between joint . .
Cited – 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 . .
Cited – Tomlin v Standard Telephones and Cables Ltd CA 1969
Without prejudice material can be admitted if the issue is whether or not the negotiations resulted in an agreed settlement. Without considering the communications in question it would be impossible to decide whether there was a concluded settlement . .
Cited – Brisbane City Council v Attorney General for Queensland PC 1978
Lord Wilberforce approved Somervell LJ’s words in Greenhalgh: ‘This is the true basis of the doctrine in Henderson v Henderson and it ought only to be applied when the facts are such as to amount to an abuse: otherwise there is a danger of a party . .
Cited – Halsey v Milton Keynes General NHS Trust etc CA 11-May-2004
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR.
Cited – Aird and Another v Prime Meridian Ltd CA 21-Dec-2006
The court had ordered preparation of a joint statement by the parties expert witnesses with a view to encouraging mediation. The claimant obtained an order that the statement was privileged, and could not be used later in the proceedings.
Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs.Com Ltd CA 14-Jul-2004
Walker v Wilshire still Good Law
After successfully appealing, the defendant claimant argued for a substantial part of its costs, saying that the defendant had unreasonably refused ADR. To pursue this, it now sought disclosure of the details of the without prejudice negotiations . .
Cited – McTaggart v McTaggart 1948
Evidence was admitted from a probation officer who had been present at a without prejudice interview between a divorcing couple.
Held: This was only possible because the wife had not objected to the husband giving evidence as to what . .
Cited – D v National Society for the Prevention of Cruelty to Children HL 2-Feb-1977
Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers.
Lord Simon of . .
Cited – Savings and Investment Bank Ltd (In Liquidation) v Fincken CA 14-Nov-2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the . .
Cited – Savings and Investment Bank Ltd (in Liquidation) v Fincken CA 6-Nov-2001
When the court was asked to decide whether a proposed form of amendment to the pleadings would add an issue which was out of time, the court must look to the pleadings before and after the proposed amendment, and the factual issues which would have . .
Cited – Venture Investment Placement Ltd v Hall 2005
The parties agreed to mediate their dispute. The agreement contained a confidentiality clause. The court granted an interlocutory injunction to prevent disclosure of matters within the mediation. . .
Cited – Cheddar Valley Engineering Ltd v Chaddlewood Homes Ltd ChD 15-Jul-1992
Without Prejudice negotiations continue on that basis till clearly altered. . .
Cited – Sampson v John Boddy Timber Ltd CA 17-May-1995
A barrister should not liable for wasted costs when he pursues arguable point for his client. Unless a party makes plain its intention that a settlement offer is made on an open basis, it remains covered by the cloak of the without prejudice rule . .

Cited by:

Cited – Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2) TCC 19-May-2009
The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress.
Held: In this case . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Arbitration

Updated: 25 July 2022; Ref: scu.251536

Commission / Arci Nuova Associazione Comitato Di Cagliari Et Gessa (Arbitration Clause): ECFI 16 Dec 2010

ECFI Arbitration clause – Agreement concluded in the framework of support for European projects of discussions held by non-governmental organizations for 2003 – Action brought against the leader of an association – Incompetence – Breach of the Convention Reimbursement of amounts advanced.

Citations:

T-259/09, [2010] EUECJ T-259/09

Links:

Bailii

Jurisdiction:

European

Arbitration

Updated: 23 July 2022; Ref: scu.427677

Emmott 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 order were met, and the order should be enforced. There was also a risk of dissipation of the shares at issue, but the order should be restricted to the portion of shares at issue. Furthermore the claimants undertaking in daages should be further fortified.

Judges:

Teare J

Citations:

[2009] EWHC 1 (Comm), [2009] 1 Lloyd’s Rep 233, [2009] Bus LR 723

Links:

Bailii

Statutes:

Arbitration Act 1996 42

Jurisdiction:

England and Wales

Citing:

See Also – Emmott 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 Also – Michael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
Cited – Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov HL 17-Oct-2007
The owners of a ship sought to rescind charters saying that they had been procured by bribery.
Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer . .

Cited by:

See Also – 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 . .
See Also – Michael 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 Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See Also – Michael 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 Also – 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. . .
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 23 July 2022; Ref: scu.293976

Mead General Building Ltd v Dartmoor Properties Ltd: TCC 4 Feb 2009

Citations:

[2009] EWHC 200 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Alexander and Law Ltd v Coveside (21BPR) Ltd TCC 12-Dec-2013
The claimant sought to enforce an arbitration award. The respondent resisted, saying that the claimant faced unresolved insolvency proceedings, and may be unable to repay any sum later found due. . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Insolvency

Updated: 23 July 2022; Ref: scu.291786

Linnett v Halliwells Llp: TCC 24 Feb 2009

The court considered the ability of an adjudicator to recover his fees from the responding party to the adjudication when that party raises questions of jurisdiction.

Judges:

Ramsey J

Citations:

[2009] EWHC 319 (TCC), [2009] 1 CLC 157, 123 Con LR 104, [2009] NPC 32, [2009] CILL 2704, [2009] BLR 312

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 22 July 2022; Ref: scu.301659

Farm Assist Ltd v Secretary of State for Environment Food and Rural Affairs: TCC 12 Dec 2008

The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant.
Held: Paragon Finance overruled the whole of the decision in Hayes v. Dowding and that the commentary in Phipson more correctly states English law. The test of fairness is not a test which is applied generally in English law when deciding whether there has been an implied waiver of privilege; the privilege which attaches is absolute and is not overridden as a matter of policy. It is only waived in the limited circumstances set out in Lillicrap v. Nalder and Paragon Finance. There had been no waiver of legal advice privilege by FAL by pleading economic duress and putting in issue the material fact of Mr Hepworth’s state of mind.

Judges:

Ramsey J

Citations:

[2008] EWHC 3079 (TCC), [2009] PNLR 16, [2009] PNLR 16, 25 Const LJ 308, [2009] BLR 80

Links:

Bailii

Citing:

Cited – DSND Subsea Ltd v Petroleum Geo Services Asa TCC 28-Jul-2000
Dyson J set out the principles applicable in establishing a pleading of commercial duress:
(i) Economic pressure can amount to duress, provided it may be characterised as illegitimate and has constituted a ‘but for’ cause inducing the claimant . .
Cited – Hearn v Rhay 1975
(United States District Court, Eastern District of Washington) Neill CJ said: ‘All of these established exceptions to the rules of privilege have a common denominator; in each instance, the party asserting the privilege placed information protected . .
Cited – Lillicrap v Nalder CA 1993
A property developer sued his solicitor for negligent advice on the purchase of a property. The solicitor wished to rely on previous retainers, in which the developer had ignored advice, so as to challenge the developer’s assertions that, with . .
Cited – Nederlandse Reassurantie Groep Holding NV v Bacon and Woodrow Holding 1995
A Dutch corporation had obtained advice from lawyers and other professionals before purchasing share capital in insurance companies. After the purchase the corporation discovered that it was exposed to large losses and began proceedings in . .
Cited – Hayes v Dowding 1996
Disputes over the running of a private company had been compromised by the plaintiffs’ solicitors. The plaintiffs sought to upset the compromise on the basis that they had been induced by a misrepresentation. The Defendants sought disclosure of . .
Cited – Wardrope v Dunne 1996
(Queensland) Where in his pleadings a party relies upon his state of mind and it would be unfair to permit that party to maintain privilege in respect of communications passing between them and their legal advisers which might bear upon the . .
Cited – Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc); etc v Freshfields (a Firm) CA 11-Mar-1999
A client who sues his former solicitor, waives his legal privilege protection, as regards that legal relationship, but that does not require a waiver also, of other privilege with later solicitors instructed in related matters. Lord Bingham LCJ . .
Cited – X Corporation v Y 16-May-1997
Legal professional privilege might be taken to be waived if it would be unfair to allow a client to maintain it. . .
Cited – Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL 11-Nov-2004
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in . .

Cited by:

See Also – Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2) TCC 19-May-2009
The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress.
Held: In this case . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice

Updated: 22 July 2022; Ref: scu.279959

Gater Assets Ltd v Nak Naftogaz Ukrainiy: ComC 15 Feb 2008

Appeal against enforcement of interational arbitration award.

Judges:

Tomlinson J

Citations:

[2008] EWHC 237 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 22-Mar-2007
Application for security for costs. . .
See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy CA 17-Oct-2007
The defendant resisted enforcement of a Moscow arbitration award saying it had been obtained by fraud, and sought security for costs.
The Court addressed the issue of security for the future costs of a challenge under section 103(3), which . .

Cited by:

See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 21-May-2008
Whether interest recoverable under 1838 Act . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.264535

Soleh Boneh International Ltd v Government of the Republic of Uganda: CA 1993

When asked to order provision of security on an application not to enforce an arbitration award, the right approach is that of a sliding scale. The court referred to assessing the strength of the argument that the award is invalid ‘on a brief consideration by the Court which is asked to enforce the award while proceedings to set it aside are pending elsewhere’. In the context of the question of security, Staughton LJ said: ‘ . . two important factors must be considered on such an application, although I do not mean to say that there may not be others. The first is the strength of the argument that the award is invalid, as perceived on a brief consideration by the Court which is asked to enforce the award while proceedings to set it aside are pending elsewhere. If the award is manifestly invalid, there should be an adjournment and no order for security; if it is manifestly valid, there should either be an order for immediate enforcement, or else an order for substantial security. In between there will be various degrees of plausibility in the argument for invalidity; and the Judge must be guided by his preliminary conclusion on the point.
The second point is that the Court must consider the ease or difficulty of enforcement of the award, and whether it will be rendered more difficult . . if enforcement is delayed. If that is likely to occur, the case for security is stronger; if, on the other hand, there are and always will be insufficient assets within the jurisdiction, the case for security must necessarily be weakened’

Judges:

Staughton LJ

Citations:

[1993] 2 Lloyd’s Rep 208

Statutes:

Arbitration Act 1996 103(5)

Jurisdiction:

England and Wales

Cited by:

Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.640534

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: SC 1 Mar 2017

The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to enforce here. It was alleged that the award had involved a fraudulent inflation of the amount claimed. NNPC appealed from an order for security, in essence on the ground that the order was made without jurisdiction or wrong in principle and/or was illegitimate in circumstances where NNPC has a good prima facie case of fraud entitling it to resist enforcement of the whole award.
Held: The Court of Appeal erred: ‘It required security, not as the price of a further adjournment falling within section 103(5), but as the price of the decision of an issue under section 103(3). The Court was lifting the adjournments previously ordered pending the outcome of the Nigerian proceedings, not ordering an adjournment. It had no power under section 103 to make a decision of the properly arguable case raised by NNPC under section 103(3) conditional on NNPC providing further security.’

Judges:

Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge, Lord Toulson

Citations:

[2017] UKSC 16, [2018] 1 All ER 738, [2018] 1 All ER (Comm) 191, [2017] 1 WLR 970, [2017] 1 CLC 195, [2017] 1 Lloyd’s Rep 508, UKSC 2015/0247

Links:

Bailii, SC, SCSUmmary, SC Summary Video, SC 020217am Video, SC 020217 pm Video

Jurisdiction:

England and Wales

Citing:

See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 27-Apr-2005
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 17-Apr-2008
The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court. . .
See Also – Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd CA 21-Oct-2008
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only . .
At First Instance – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 14-Mar-2014
IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the . .
At CA – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
At CA – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
Cited – Soleh Boneh International Ltd v Government of the Republic of Uganda CA 1993
When asked to order provision of security on an application not to enforce an arbitration award, the right approach is that of a sliding scale. The court referred to assessing the strength of the argument that the award is invalid ‘on a brief . .
Cited – Yukos Oil Company v Dardana Ltd CA 18-Apr-2002
The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant.
Held: The Act cannot have been intended to give the . .
Cited – Gater Assets Ltd v Nak Naftogaz Ukrainiy CA 17-Oct-2007
The defendant resisted enforcement of a Moscow arbitration award saying it had been obtained by fraud, and sought security for costs.
The Court addressed the issue of security for the future costs of a challenge under section 103(3), which . .
Cited – A v B (Arbitration: Security) ComC 16-Dec-2010
. .
Cited – Huscroft v P and O Ferries Ltd CA 21-Dec-2010
Second appeal against order requiring sum for security for costs to be paid into court and in default for the claim to be struck out.
Held: The Court considered its jurisdiction to make an order for security for costs under rule 3.1 and, . .
Cited – Deutsche Bank Ag and Others v Unitech Global Ltd and Others CA 3-Mar-2016
Second interlocutory appeal in the battle between Deutsche Bank and other creditors who have brought two actions in the Commercial Court to recover amounts due under loan or swap agreements which used LIBOR as a reference rate in the calculation of . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.577936

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: CA 10 Nov 2015

The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction.

Judges:

Christopher Clarke, Burnett, Sales LJJ

Citations:

[2015] EWCA Civ 1144

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 27-Apr-2005
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 17-Apr-2008
The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court. . .
See Also – Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd CA 21-Oct-2008
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only . .
Appeal from – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 14-Mar-2014
IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
Cited – Soleh Boneh International Ltd v Government of the Republic of Uganda CA 1993
When asked to order provision of security on an application not to enforce an arbitration award, the right approach is that of a sliding scale. The court referred to assessing the strength of the argument that the award is invalid ‘on a brief . .
Cited – Yukos Oil Company v Dardana Ltd CA 18-Apr-2002
The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant.
Held: The Act cannot have been intended to give the . .

Cited by:

See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
At CA – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.554530

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 14 Mar 2014

IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the tribunal and NNPC has a realistic prospect on that basis of proving that the whole award should be set aside.

Judges:

Field J

Citations:

[2014] EWHC 576 (Comm), [2014] CN 517, [2014] 1 Lloyd’s Rep 625

Links:

Bailii

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Citing:

See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 27-Apr-2005
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 17-Apr-2008
The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court. . .
See Also – Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd CA 21-Oct-2008
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only . .

Cited by:

Appeal from – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
Appeal from – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
At First Instance – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.522459

A v B (Arbitration: Security): ComC 16 Dec 2010

Judges:

Flaux J

Citations:

[2010] EWHC 3302 (Comm), [2010] 2 CLC 944, [2011] Bus LR 1020, [2011] 1 Lloyd’s Rep 363

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.427220

City of London v Sancheti: CA 21 Nov 2008

The defendant sought leave to appeal against a refusal of a stay of arbitration. He was an Indian national operating as a solicitor in London. When pursued for rent arrears on his busines premises, he requested a stay, seeking to take the protection of a bilateral investment treaty protecting nationals of one state who invested another.
Held: He could not claim the benefit of the treaty. He sought to impose the burden of the treaty on a private company. That was not its intention.

Judges:

Lord Justice Laws, Lord Justice Richards and Lord Justice Lawrence Collins

Citations:

[2008] EWCA Civ 1283, Times 01-Dec-2008

Links:

Bailii

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Arbitration, International

Updated: 19 July 2022; Ref: scu.278208

Michael Wilson and Partners Ltd v Emmott: ComC 6 Nov 2008

Challenge to jurisdiction of arbitration proceedings.

Judges:

Teare J

Citations:

[2008] EWHC 2684 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Emmott 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’. . .

Cited by:

See Also – Emmott 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 Also – 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 . .
See Also – Michael 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 Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See Also – Michael 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 Also – 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. . .
See Also – 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 . .
See Also – Michael 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.

Jurisdiction, Arbitration

Updated: 19 July 2022; Ref: scu.277570

Youell and others v La Reunion Aerienne and others: ComC 22 Oct 2008

Citations:

[2008] EWHC 2493 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Youell and others v La Reunion Aerienne and others CA 11-Mar-2009
The parties disputed whether the court had jurisdiction. The defendant insurer argued that parallel issues had been referred to arbitration in France.
Held: the claim was outside the range of the arbitration agreement, and a stay, which would . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction

Updated: 19 July 2022; Ref: scu.277340

Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd: CA 21 Oct 2008

The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only to the extent that the arbitration was subject to some international convention.

Judges:

Tuckey LJ, Wall LJ, Rimer LJ

Citations:

[2008] EWCA Civ 1157, Times 11-Nov-2008, [2009] 1 All ER (Comm) 611, [2009] Bus LR 545, [2009] BLR 71, [2009] 1 Lloyd’s Rep 89, [2008] 2 CLC 550

Links:

Bailii

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Citing:

Appeal from – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 27-Apr-2005
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He . .
Appeal from – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 17-Apr-2008
The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court. . .

Cited by:

See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 14-Mar-2014
IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

International, Arbitration

Updated: 19 July 2022; Ref: scu.277079

Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan: ComC 1 Aug 2008

The claimant had obtained an arbitration award, and a without notice order for its enforcement. The defendant applied for it to be set aside on the basis that no law had been agreed which would set the basis for the arbitration, and that the award was not enforceable against the defendant as a nation.

Judges:

Aikens J

Citations:

[2008] EWHC 1901 (Comm), [2009] 1 All ER (Comm) 505

Links:

Bailii

Statutes:

Arbitration Act 1996 101

Cited by:

Appeal from – Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan CA 20-Jul-2009
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside.
At first instance – Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan SC 3-Nov-2010
The claimant had achieved a judgment in arbitration proceedings abroad against the respondent foreign government regarding contracts providing services for the Holy Places in Saudi Arabia. The contract made no express provision for the nationality . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.277026

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 17 Apr 2008

The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court.

Judges:

Tomlinson J

Citations:

[2008] EWHC 797 (Comm), [2008] 2 Lloyd’s Rep 59, [2008] Bus LR D105, [2008] 1 CLC 738

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 27-Apr-2005
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He . .

Cited by:

Appeal from – Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd CA 21-Oct-2008
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 14-Mar-2014
IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice

Updated: 19 July 2022; Ref: scu.266999

Gater Assets Ltd v Nak Naftogaz Ukrainiy: CA 17 Oct 2007

The defendant resisted enforcement of a Moscow arbitration award saying it had been obtained by fraud, and sought security for costs.
The Court addressed the issue of security for the future costs of a challenge under section 103(3), which raises very different considerations to an issue of security for the past award itself. Rix LJ noted that the Convention might be regarded as a ‘complete code’, precluding the making of a decision under section 103(2) or (3) conditional upon the provision of security for costs. In relation to the provision of security for the award itself, he said: ‘Field J, however, was prepared to refuse enforcement, on the ground of failure to provide the security for costs ordered. That was the order that Field J made, setting aside the enforcement order if the security was not provided, and doing so on a ground not expressly within the Convention. There is no express basis in the New York Convention for that condition. Enforcement may be refused ‘only if’ one of the exceptions within article V is made good. Security is discussed in the Convention, but only security for the award itself and only in the context of an adjournment of enforcement proceedings pending an application to set aside or suspend the award to the competent authority of the country in which, or under the law of which, that award was made: article VI, reproduced in section 103(5) of the 1996 Act. That is not just an example of a circumstance in which such security might be ordered, but is the only circumstance in which it might be: see the decision of this court in Dardana Ltd v Yukos Oil Co [2002] All ER (Comm) 819, para 27.’

Judges:

Buxton LJ, Rix LJ, Moses LJ

Citations:

[2007] EWCA Civ 988, [2007] ArbLR 28, [2008] Bus LR 388, [2007] 2 Lloyd’s Rep 588

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 22-Mar-2007
Application for security for costs. . .

Cited by:

See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 15-Feb-2008
Appeal against enforcement of interational arbitration award. . .
See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 21-May-2008
Whether interest recoverable under 1838 Act . .
Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.259900

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 27 Apr 2005

A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He adjourned the proceedings for the payment of what was common ground to be indisputably due and of a further $50 million by way of security, saying: ‘For present purposes, the relevant principles can be shortly stated. First, there can be no realistic doubt that s. 103 of the Act embodies a pre-disposition in favour of enforcement of the New York Convention Awards, reflecting the underlying purpose of the New York Convention itself; indeed, even when a ground for refusing enforcement is established, the court retains a discretion to enforce the award: Mustill and Boyd, Commercial Arbitration, 2nd edn, 2001 Companion, at page 87 . . Fourthly, section 103(5) ‘achieves a compromise between two equally legitimate concerns’: Fouchard, at page 981. On the one hand, enforcement should not be frustrated merely by the making of an application in the country of origin; on the other hand, pending proceedings in the country of origin should not necessarily be pre-empted by rapid enforcement of the award in another jurisdiction. Pro-enforcement assumptions are sometimes outweighed by the respect due to the courts exercising jurisdiction in the country of origin – the venue chosen by the parties for their arbitration: Mustill and Boyd, at page 90′

Judges:

Gross J

Citations:

[2005] EWHC 726 (Comm), [2005] 2 Lloyd’s Rep 326, [2005] 1 CLC 613

Links:

Bailii

Statutes:

Arbitration Act 1996 103(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan CA 20-Jul-2009
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside.
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 17-Apr-2008
The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court. . .
Appeal from – Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd CA 21-Oct-2008
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 14-Mar-2014
IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.224562

Services Europe Atlantique Sud (SEAS) v Stockholms Rederiaktiebolag Svea: HL 1979

Citations:

[1979] AC 685, [1979] 1 QB 4911

Jurisdiction:

England and Wales

Citing:

Appeal from – Services Europe Atlantique Sud (SEAS) v Stockholms Rederiaktiebolag CA 1979
Goff LJ discussed whether damages might be ordered to be paid in a foreign currency: ‘For my part, I do not understand these cases to be inconsistent with the general rule stated in rule 172. Both cases were concerned with contracts for the supply . .

Cited by:

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 . .
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: 19 July 2022; Ref: scu.228173

Yukos Oil Company v Dardana Ltd: CA 6 Jul 2001

The applicant had sought to have set aside an arbitral award given in Sweden. In the meantime the defendant had applied for its enforcement on an ex parte basis, and the applicant now sought leave to appeal.

Judges:

Tuckey LJ

Citations:

[2001] EWCA Civ 1077

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Dardana Ltd v Yukos Oil Company QBD 21-Dec-2001
The defendant sought to challenge the enforcement here of a foreign arbitration award. It sought security for costs.
Held: The action was not a challenge to the award itself, but rather to challenge an attempt to enforce it in England. The . .
See Also – Dardana Ltd v Yukos Oil Company CA 18-Apr-2002
The court was asked as to the appropiateness of making a split order. . .
See Also – Yukos Oil Company v Dardana Ltd CA 18-Apr-2002
The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant.
Held: The Act cannot have been intended to give the . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.201310

Jugoslavenska Oceanske Plovidba v Castle Investment Co Inc: CA 1974

London arbitrators had made an award for unpaid hire in US dollars, being the currency of the hire contract. An issue arose whether an English court could give leave under the Act to enforce the award in the same manner as a judgment to the same effect.
Held: English arbitrators had jurisdiction to make their awards in a foreign currency where that currency was the currency of the contract. Such an award could be enforced with the leave of the court by converting the award into sterling at the rate of exchange ruling at the date of the award.
Lord Denning MR said: ‘In my opinion English arbitrators have authority, jurisdiction and power to make an award for payment of an amount in foreign currency. They can do this – and I would add, should do this – whenever the money of account and the money of payment is in one single foreign currency. They should make their award in that currency because it is the proper currency of the contract. By that I mean that it is the currency with which the payments under the contract have the closest and most real connection. Likewise, whenever the proper currency of a contract is a foreign currency, English arbitrators can and should make their award in that currency, unless the parties have expressly or impliedly agreed otherwise. The proper currency can usually be ascertained without difficulty. But if the transaction is closely connected with two currencies (as in The the Hu [1970] P 106 Japanese salvors of a Panamanian vessel) the arbitrators can and should make their award in whichever of the two currencies seems to them to produce the most appropriate and just result.’ and (Roskill LJ) ‘I would only add on this part of the case that this decision does not amount to a general licence to arbitrators and umpires to make awards in any currency they choose heedless of the provisions of the contract with which they are concerned. The currency of account and the currency of payment will in most cases be easily ascertainable just as the proper law of a contract is in most cases easily ascertainable. In a few cases the problem will be difficult as in a few cases the question of proper law is difficult. But even in a difficult case the problem must ultimately be capable of solution and the arbitrators (if they wish) can – as I would think – always decide as a matter of discretion to make an award in sterling unless either the terms of the contract in question or of the arbitration agreement under which their jurisdiction arises or some other reason prevents them from so doing.’

Judges:

Lord Denning MR

Citations:

[1974] QB 292

Statutes:

Arbitration Act 1950 26

Jurisdiction:

England and Wales

Cited by:

Cited – Lesotho 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 – 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, International, Damages, Litigation Practice

Updated: 19 July 2022; Ref: scu.185175

Dardana Ltd v Yukos Oil Company: QBD 21 Dec 2001

The defendant sought to challenge the enforcement here of a foreign arbitration award. It sought security for costs.
Held: The action was not a challenge to the award itself, but rather to challenge an attempt to enforce it in England. The challenge was therefore in its nature defensive, and accordingly the courts did have power to require security for costs against the claimant.

Judges:

Chambers J

Citations:

Times 04-Feb-2002

Statutes:

Practice Direction: Arbitrations (Civil Procedure volume 2, paragraph 2B-1) 31.3, Arbitration Act 1996 103

Jurisdiction:

England and Wales

Citing:

See Also – Yukos Oil Company v Dardana Ltd CA 6-Jul-2001
The applicant had sought to have set aside an arbitral award given in Sweden. In the meantime the defendant had applied for its enforcement on an ex parte basis, and the applicant now sought leave to appeal. . .

Cited by:

Appeal from – Dardana Ltd v Yukos Oil Company CA 18-Apr-2002
The court was asked as to the appropiateness of making a split order. . .
Appeal from – Yukos Oil Company v Dardana Ltd CA 18-Apr-2002
The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant.
Held: The Act cannot have been intended to give the . .
Lists of cited by and citing cases may be incomplete.

International, Costs, Arbitration

Updated: 19 July 2022; Ref: scu.167543

Yukos Oil Company v Dardana Ltd: CA 18 Apr 2002

The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant.
Held: The Act cannot have been intended to give the court an open discretion on the enforcement of international arbitration awards, but one based on some recognisable legal principle. Section 103(2) is concerned with the fundamental structural integrity of the arbitration proceedings and the court is unlikely to allow enforcement of an award if it is satisfied that its integrity is fundamentally unsound.
Mance LJ said: ‘I am fully prepared to proceed on the basis that section 103(5) provides the court with jurisdiction to make such an order, in a case where it, either of its own motion (cf Soleh Boneh) or at the instance of the party seeking [sic] recognition or enforcement, decides to adjourn, pending a foreign application to set aside by the party resisting recognition or enforcement.’
and: ‘An order for security, on the application of the party seeking recognition or enforcement, would be the price of the adjournment sought by the other party, and would protect the party seeking recognition or enforcement during the adjournment. There is no power under section 103(5) to order security except in connection with an adjournment.’
And: ‘The provision for security was, in other words, made a condition not of any adjournment sought by the appellants, but of avoiding immediate and final enforcement; and, failing its provision, the appellants’ outstanding application under section 103(2) would have been liable to be struck out or dismissed, without determination of its merits. I do not consider that as a legitimate sanction to attach to any order made for the provision of security in the present circumstances.’

Judges:

Mance LJ, Thorpe LJ and Neuberger J

Citations:

[2002] EWCA Civ 543, [2002] 2 Lloyd’s Rep 326, [2002] 1 All ER (Comm) 819, [2002] CLC 1120

Links:

Bailii

Statutes:

Arbitration Act 1996 103(2)(b)

Jurisdiction:

England and Wales

Citing:

See Also – Yukos Oil Company v Dardana Ltd CA 6-Jul-2001
The applicant had sought to have set aside an arbitral award given in Sweden. In the meantime the defendant had applied for its enforcement on an ex parte basis, and the applicant now sought leave to appeal. . .
Appeal from – Dardana Ltd v Yukos Oil Company QBD 21-Dec-2001
The defendant sought to challenge the enforcement here of a foreign arbitration award. It sought security for costs.
Held: The action was not a challenge to the award itself, but rather to challenge an attempt to enforce it in England. The . .
Cited – Dardana Ltd v Yukos Oil Company CA 18-Apr-2002
The court was asked as to the appropiateness of making a split order. . .

Cited by:

Approved – Kanoria and others v Guinness CA 21-Feb-2006
Lord Phillips CJ expressed his own doubts about whether section 103(2) gives the court a broad discretion to allow enforcement of an award where one of the grounds set out in that subsection has been established. . .
Cited – Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan CA 20-Jul-2009
The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside.
Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.171215

West Tankers Inc v Ras Riunione Adriatica Sicurta Spa and Another: ComC 2 Oct 2007

Judges:

Andrew Smith J

Citations:

[2007] EWHC 2184 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor) HL 21-Feb-2007
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. . .
See Also – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’) ComC 21-Mar-2005
Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.272534

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.

Judges:

Morison J

Citations:

[2005] EWHC 2238 (Comm), [2006] 2 All ER (Comm) 122

Links:

Bailii

Statutes:

Arbitration Act 1996 68

Jurisdiction:

England and Wales

Cited by:

See Also – TTMI Ltd of England v ASM Shipping Ltd of India ComC 23-Nov-2005
. .
Appeal from – 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 20-Apr-2007
. .
See Also – ASM Shipping Ltd of India v TTMI Ltd of England Admn 20-Apr-2007
Application to remove arbitrators. . .
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: 18 July 2022; Ref: scu.235478

Supablast (Nationwide) Ltd v Story Rail Ltd: TCC 21 Jan 2010

‘This case raises interesting jurisdictional issues in the context of adjudication decision enforcement proceedings where there are or may be disputes arising under two contracts between the parties which are referred to a single adjudicator.’

Judges:

Akenhead J

Citations:

[2010] EWHC 56 (TCC), [2010] BLR 211

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 18 July 2022; Ref: scu.393351

Allied P and L Ltd v Paradigm Housing Group Ltd: TCC 17 Nov 2009

This case raises issues arising out of an adjudicator’s decision, in particular whether there was a crystallised dispute and if so what it encompassed, whether any part of the adjudicator’s decision can be enforced or severed and whether any effective reservation was made as to the jurisdiction of the adjudicator during or before the adjudication.

Citations:

[2009] EWHC 2890 (TCC), [2010] BLR 59, [2009] 47 EG 132

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 18 July 2022; Ref: scu.380365

Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009

The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress.
Held: In this case the balance was in favour of the mediator giving the evidence requested.
In the context of mediation and in the absence of an express provision, an implied confidentiality arises but evidence may be given of those matters if the court considers that it is in the interests of justice to do so, and ‘DEFRA and FAL have agreed with the Mediator to treat the mediation as confidential. That, in my judgment, is an obligation which is binding as between the parties and the Mediator but that the court can permit the use of or order disclosure of the otherwise confidential material if it is in the interests of justice to do so. Whilst it is possible for the confidentiality to be waived, that has to be with the consent of all parties. This means that, in my judgment, FAL and DEFRA cannot waive confidentiality in the mediation so as to deprive the Mediator of her right to have the confidentiality of the mediation preserved. ‘
Ramsey J said: the position as to confidentiality, privilege and the without prejudice principle in relation to mediation is generally as follows:
(1) Confidentiality: The proceedings are confidential both as between the parties and as between the parties and the mediator. As a result even if the parties agree that matters can be referred to outside the mediation, the mediator can enforce the confidentiality provision. The court will generally uphold that confidentiality but where it is necessary in the interests of justice for evidence to be given of confidential matters, the Courts will order or permit that evidence to be given or produced.
(2) Without Prejudice Privilege: The proceedings are covered by without prejudice privilege. This is a privilege which exists as between the parties and is not a privilege of the mediator. The parties can waive that privilege.
(3) Other Privileges: If another privilege attaches to documents which are produced by a party and shown to a mediator, that party retains that privilege and it is not waived by disclosure to the mediator or by waiver of the without prejudice privilege.’

Judges:

Ramsey J

Citations:

[2009] EWHC 1102 (TCC), 125 Con LR 154, [2009] BLR 399

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Farm Assist Ltd v Secretary of State for Environment Food and Rural Affairs TCC 12-Dec-2008
The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant.
Held: Paragon Finance . .
Cited – British Steel Corporation v Granada Television Ltd HL 7-May-1980
The defendant had broadcast a TV programme using material confidential to the plaintiff, who now sought disclosure of the identity of the presumed thief.
Held: (Lord Salmon dissenting) The courts have never recognised a public interest right . .
Cited – Re D (Minors) (Conciliation: Disclosure of Information) CA 1993
The court considered the privileged status of statements made in proceedings under the Children Act 1989 together with the existence of exceptions to that status.
Held: Sir Thomas Bingham MR described the practice in family concilations: ‘The . .
Cited – D v National Society for the Prevention of Cruelty to Children HL 2-Feb-1977
Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers.
Lord Simon of . .
Cited – Re D (Minors) (Conciliation: Disclosure of Information) CA 1993
The court considered the privileged status of statements made in proceedings under the Children Act 1989 together with the existence of exceptions to that status.
Held: Sir Thomas Bingham MR described the practice in family concilations: ‘The . .
Cited – Muller and Another v Linsley and Mortimer (A Firm) CA 8-Dec-1994
The plaintiff sued his former solicitors for professional negligence. The damages he sought to recover related to loss he suffered when dismissed as a director of a private company leading to a forced sale of his shares in the company. The plaintiff . .
Cited – Cumbria Waste Management Ltd and Another v Baines Wilson (A Firm) QBD 16-Apr-2008
The court was asked to consider whether documents generated in a mediation could be disclosed by one of those parties in later proceedings against solicitors for negligence in drafting and negotiation and agreement with the other party, which gave . .
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 – Aird and Another v Prime Meridian Ltd CA 21-Dec-2006
The court had ordered preparation of a joint statement by the parties expert witnesses with a view to encouraging mediation. The claimant obtained an order that the statement was privileged, and could not be used later in the proceedings.
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Arbitration

Updated: 18 July 2022; Ref: scu.347145

F Ltd v M Ltd: TCC 11 Feb 2009

The claimant sought rmission of part of the final award.
Held: Coulson J said: ‘It is not, I think, for the arbitral tribunal to hunt through the contract and find other ways in which the claimant’s claim might be put, and then offer the claimant a further opportunity to make submissions on any provision thereby identified. In an adversarial system it is for the claimant to identify the ways in which it puts its case.’

Judges:

Coulson J

Citations:

[2009] EWHC 275 (TCC), [2009] CILL 2681, [2009] 1 Lloyd’s Rep 537, [2009] 2 All ER (Comm) 519

Links:

Bailii

Statutes:

Arbitration Act 1996 68

Jurisdiction:

England and Wales

Cited by:

Cited – ED and F Man Sugar Ltd v Belmont Shipping Ltd ComC 18-Nov-2011
Allegation of serious irregularity in arbitration.
Held: The request was refused: ‘the present case can hardly be said to be an extreme case which justice calls out to be corrected.’.
‘Arbitrators are not barred from asking a party . .
Cited – ED and F Man Sugar Ltd v Belmont Shipping Ltd ComC 18-Nov-2011
Allegation of serious irregularity in arbitration.
Held: The request was refused: ‘the present case can hardly be said to be an extreme case which justice calls out to be corrected.’.
‘Arbitrators are not barred from asking a party . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice

Updated: 18 July 2022; Ref: scu.301657

Bulk Carriers Ltd v Andre Et Cie Sa: CA 10 Apr 2001

The court was asked whether a clause narrowing laycan in a voyage charterparty is, in the absence of words to the contrary, always a condition precedent to an obligation to nominate a vessel.

Judges:

Potter, Clarke LJJ, Bennet J

Citations:

[2001] EWCA Civ 588, [2001] 2 LLR 65, [2001] 2 Lloyd’s Rep 65, [2001] 2 All ER (Comm) 510

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration, Transport

Updated: 17 July 2022; Ref: scu.200958

Racecourse Betting Control Board v Secretary of State for Air: 1944

Power to stay – not derived from arbitration acts: ‘It is, I think, rather unfortunate that the power and duty of the court to stay the action [on the grounds of a foreign jurisdiction clause] was said to be under the Arbitration Act, 1889, s. 4. In truth, that power and duty arose under a wider general principle, namely, that the court makes people abide by their contracts, and, therefore, will restrain a plaintiff from bringing an action which he is doing in breach of his agreement with the defendant that any dispute between them shall be otherwise determined.’

Judges:

MacKinnon LJ

Citations:

[1944] Ch 114

Statutes:

Arbitration Act 1979 4

Jurisdiction:

England and Wales

Arbitration

Updated: 17 July 2022; Ref: scu.196010

Deutsche Bank Ag v Tongkah Harbour Public Company Ltd: QBD 24 Aug 2011

The defendants applied under section 9 of the 1996 Act and/or under the court’s inherent jurisdiction or case management powers to stay two actions brought against them by Deutsche Bank AG, the international bank.

Judges:

Blair J

Citations:

[2011] EWHC 2251 (QB)

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Arbitration

Updated: 17 July 2022; Ref: scu.443321

Herschel Engineering Ltd v Breen Property Ltd: TCC 14 Apr 2000

‘This application raises a short but important issue as to the propriety of a reference to adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (‘the 1996 Act’) of a dispute which, at the time of the reference, is already the subject of pending court proceedings. It is contended on behalf of the defendant that in such circumstances it is not open to a party to refer a dispute to adjudication, and that any decision which an adjudicator purports to make should not be enforced by the court. The claimant seeks to obtain summary judgment under Part 24 of the CPR of the sums which the adjudicator decided were due to it. ‘

Judges:

Dyson J

Citations:

[2000] EWHC Technology 178, 70 Con LR 1, [2000] BLR 272

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 14 July 2022; Ref: scu.266721

AMEC Capital Projects Ltd v Whitefriars City Estate Ltd: TCC 19 Sep 2003

Application to enforce adjudicators award, and application to stay same.

Citations:

[2003] EWHC 2443 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – AMEC Capital Projects Ltd v Whitefriars City Estates Ltd TCC 27-Feb-2004
. .
See Also – AMEC Capital Projects Ltd v Whitefriars City Estates Ltd CA 28-Oct-2004
Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract.
Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 14 July 2022; Ref: scu.266717

Emmott 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’.

Citations:

[2008] EWCA Civ 184, [2008] Bus LR 1861

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Vizcaya Partners Ltd v Picard and Another PC 3-Feb-2016
No Contractual Obligation to Try Case in New York
(Gibraltar) The appellant had invested in a fraudulent Ponzi scheme run by Bernard Madoff. They were repaid sums before the fund collapsed, and the trustees now sought repayment by way of enforcement of an order obtained in New York.
Held: The . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
See Also – Emmott 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 Also – 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 . .
See Also – Michael 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 Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See Also – Michael 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 Also – 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. . .
See Also – 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 . .
See Also – Michael 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, Litigation Practice, Contract

Updated: 14 July 2022; Ref: scu.266155

Cantillon Ltd v Urvasco Ltd: TCC 27 Feb 2008

After referring to the Carillion Construction case, the court held: ‘Whilst that case is, obviously, not authority for the proposition that a ‘good’ challenge to a decision on jurisdiction or natural justice grounds will be excluded on some statistical basis, a challenge on these grounds must be plain, clear and relatively comprehensible. In a case such as the present, the Adjudicator, albeit experienced, had a mass of conflicting evidence and argument to take on board. The Court should not take an over-analytical approach to questions of jurisdiction and natural justice arising in adjudications under the HGCRA 1996.’ Akenhead J then considered the law relating to natural justice in the context of adjudications, and concluded: ‘From this and other cases, I conclude as follows in relation to breaches of natural justice in adjudication cases: (a) It must first be established that the Adjudicator failed to apply the rules of natural justice;
(b) Any breach of the rules must be more than peripheral; they must be material breaches;
(c) Breaches of the rules will be material in cases where the adjudicator has failed to bring to the attention of the parties a point or issue which they ought to be given the opportunity to comment upon if it is one which is either decisive or of considerable potential importance to the outcome of the resolution of the dispute and is not peripheral or irrelevant.
(d) Whether the issue is decisive or of considerable potential importance or is peripheral or irrelevant obviously involves a question of degree which must be assessed by any judge in a case such as this.
(e) It is only if the adjudicator goes off on a frolic of his own, that is wishing to decide a case upon a factual or legal basis which has not been argued or put forward by either side, without giving the parties an opportunity to comment or, where relevant put in further evidence, that the type of breach of the rules of natural justice with which the case of Balfour Beatty Construction Company Ltd -v- The Camden Borough of Lambeth was concerned comes into play. It follows that, if either party has argued a particular point and the other party does not come back on the point, there is no breach of the rules of natural justice in relation thereto.’

Judges:

Akenhead J

Citations:

[2008] EWHC 282 (TCC), [2008] CILL 2564, [2008] BLR 250, 117 Con LR 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 . .

Cited by:

Cited – CRJ Services Ltd v Lanstar Ltd (T/A CSG Lanstar) TCC 19-Apr-2011
The claimant hired out recycling plant and equipment and the defendant had been a customer. A local agent of the defendant had properly entered into certain contracts with the claimant acting as the company’s agent, but then created three long term . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Arbitration

Updated: 13 July 2022; Ref: scu.265966

Discain Project Services Limited v Opecprime Developments Limited: TCC 11 Dec 2001

Judges:

Judge Richard Seymour Q.C.

Citations:

[2001] EWHC Technology 450

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Discain Project Services Ltd v Opecrime Development Ltd TCC 11-Apr-2001
. .
See Also – Discain Project Services Ltd v Opecrime Development Ltd TCC 1-Aug-2000
The applicant sought leave to defend the enforcement of an arbitration award.
Held: The adjudicator had accepted oral and written communications with one party, from which the other party was excluded. This was such a serious breach of the . .

Cited by:

See Also – Discain Project Services Ltd v Opecprime Developments Ltd (2) TCC 11-Dec-2001
This was a dispute between contractors. D had been engaged to install balconies on flats constructed by O. Targets were set, but there were difficulties in obtaining supplies. Continued negotiations confused the situation. Eventually the contract . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 13 July 2022; Ref: scu.169860