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 dispute and was valid.

Citations:

[1997] EWCA Civ 2318

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Citing:

CitedDidymi Corporation v Atlantic Lines and Navigation Co Inc ‘The Didymi’ CA 1988
A contract contained a clause covering the rate of hire of a 5 year time charter: ’30(1) The … speed and fuel consumption of the vessel as stipulated in this charter-party are representations by the owners. Should the actual performance of the . .
CitedA 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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 09 November 2022; Ref: scu.142716