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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Arbitration - From: 1994 To: 1994

This page lists 16 cases, and was prepared on 03 April 2018.

 
Chimimport Plc v G d'Alesio SAS [1994] 2 Lloyd's Law Reports 366
1994

Rix J
Arbitration
The phrase "arising under" in a clause referring matters to arbitration is narrower than "arising out of" and the court doubted whether a tortious claim could easily give rise to a dispute "under the contract".
1 Citers


 
Cohen v Boram [1994] 2 Lloyd's Rep 138
1994


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


 
Aggeliki Charis Compania Maritima SA v Pagnan SpA The Angelic Grace [1994] 1 Lloyds Rep 168
1994
QBD
Rix J
Transport, Contract, Arbitration
The court considered whether a claim for a collision between two ships was governed by an arbitration clause which read "all disputes from time to time arising out of this contract shall . . be referred to the arbitrament of two arbitrators carrying on business in London." Held: The proceedings in a foreign jurisdiction were to be restrained by reason of agreement to submit to arbitration in England.
Rix J said: "collision claims I n the present case raised disputes which are within the arbitration clause. To some extent the claims in contract and in tort are true alternatives (for example the charterers' counterclaim). To some extent they may not be true alternatives, but they clearly overlap (as in the owners' claims for breach of the warranty of safety and for fault in collision) In any event all claims and cross-claims arise out of the same incident, the identical set of facts which have to be investigated by the arbitrators . . The parties clearly contemplated that a collision or other accident of navigation could give rise to a charterparty dispute."
1 Cites

1 Citers


 
Secretary of State for the Environment v Euston Centre Investments Ltd Gazette, 08 June 1994; Gazette, 20 April 1994; Times, 05 January 1994
5 Jan 1994
ChD

Arbitration
Appeals from arbitrators must be prosecuted speedily or will risk being struck out. The tests will be applied stringently.
Arbitration Act 1979 1(3)(b)
1 Cites

1 Citers



 
 L'Office Cherifien Des Phosphates and Another v Yamashita-Shinnihon Steamship Co Ltd; HL 19-Jan-1994 - Gazette, 26 January 1994; Independent, 19 January 1994; Times, 17 December 1993; [1994] 1 AC 486; [1994] 1 All ER 20; [1994] 1 Lloyds Rep 251; [1994] 2 WLR 39
 
Land Securities Plc v Westminster City Council (No 2) Gazette, 16 February 1994
16 Feb 1994
ChD

Arbitration
Award made without parties comment on evidence - set aside as misconduct.
Arbitration Act 1950 22

 
International Bulk Shipping and Services Ltd v The Mineral and Metals Trading Company of India; International Bulk Shipping and Services Ltd v The President of India; Himoff Maritime Enterprises Ltd v The President of India 16 February 1994, Unreported; [1996] 2 Lloyds Rep 474
16 Feb 1994
ComC
Waller J
Arbitration, Litigation Practice
cw Arbitration - award - limitation period - cause of action arising - implied promise to perform award – breach - RSC Order 15 r.6 - misjoinder and non-joinder of party - principles - RSC Order 15 r.6 - joinder of party - proceedings a nullity - no power
1 Cites

1 Citers



 
 Robinson v Moody; CA 23-Feb-1994 - Times, 23 February 1994

 
 Arnold and Others v National Westminster Bank Plc; CA 14-Mar-1994 - Ind Summary, 14 March 1994; [1994] NPC 37 CA; [1994] CLY 2807

 
 Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel); QBD 5-Apr-1994 - Times, 05 April 1994; [1994] 2 Lloyd's Rep 161
 
Da Cooper Lavalin Nv v Ken-Ren Chemicals and Fertilisers Ltd (Liq) Times, 09 May 1994; Gazette, 15 June 1994; Ind Summary, 16 May 1994
9 May 1994
HL

Arbitration, International
The High Court has power to order security for costs to be given with respect to an international arbitration to take place in London, where there may be doubt as to the plaintiff's creditworthiness.
ICC Rules of Conciliation & Arbitration 1988 - Arbitration Act 1950 812(6)

 
Secretary of State for the Environment v Euston Centre Investments Ltd Times, 06 July 1994; Independent, 10 August 1994; Gazette, 03 August 1994
6 Jul 1994
CA

Arbitration
Arbitration appeal may be struck out for delay without the need to show evidence of prejudice from that delay. Nevertheless relief against an order striking out an appeal should given where some substantial part of the fault for the delay was the court's fault.
Arbitration Act 1979 1
1 Cites

1 Citers


 
Ashbank Property Co Ltd v Department of Transport Times, 25 July 1994; Ind Summary, 03 October 1994
25 Jul 1994
QBD

Arbitration
An application to set aside an arbitration award is to be made by mmotion to a single judge of the QBD in the Commercial Court.

 
Mercury Communications Ltd v Director General of Telecommunications and Another Independent, 19 August 1994; Times, 03 August 1994; Gazette, 07 October 1994
3 Aug 1994
CA

Litigation Practice, Arbitration
Parties having contracted to resolve differences by an agreed procedure, could not go back on that agreement. The court will not replace an agreement for a resolution method chosen by parties with own advice and freely.
1 Cites

1 Citers


 
Insurance Co v Lloyds' Syndicate Independent, 08 November 1994
8 Nov 1994
QBD

Arbitration
Implied confidentiality in arbitration award prevented disclosure to other claim.

 
Insurance Company v Lloyd's Syndicate Times, 11 November 1994
11 Nov 1994
QBD

Arbitration
Disclosure of an arbitration award was allowed only to enforce own rights against stranger.

 
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