In re Smith ex parte Edwards: 1886

The parties to an arbitration agreement had agreed to pay whatever costs the arbitrator decided in his discretion to award. The losing party then went bankrupt.
Held: His bankruptcy did not relieve him of his liability for the costs. The existence of the discretion in the arbitrator had not been fatal. The costs award was provable in the bankruptcy. The court identified the contractual submission of the debtor to the arbitrator’s costs discretion as a sufficient pre-cut-off date legal obligation.


(1886) 3 Morrell 179

Cited by:

CitedHaine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine CA 11-Jun-2008
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act . .
CitedIn re Nortel Companies and Others SC 24-Jul-2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency.
Held: Liabilities which arose from financial support directions or contribution notices . .
Lists of cited by and citing cases may be incomplete.


Updated: 01 May 2022; Ref: scu.268853