swarb.co.uk - law index
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: 1995 To: 1995
This page lists 8 cases, and was prepared on 03 April 2018.
Westland Helicopters Ltd v Arab Organisation for Industrialisation [1995] QB 282
1995
Arbitration, International
International arbitration proceedings under a joint venture agreement had led to an award in Westland's favour against the Organisation. The award was converted into a judgment and Westland obtained garnishee orders nisi against six London banks. Colman J was faced with a claim by an Egyptian intervener to be the same as (or a successor to) the Organisation by virtue of domestic Egyptian laws. The justification for such laws was in issue but was said by the intervener to lie in an international law principle of necessity which was in turn said to be invoked by breach by the other member states setting up the Organisation of the treaty by which it was set up. Colman J held such issues to be non-justiciable.
1 Citers
Transcatalana de Commercio SA v Incobrassa Industrial e Commercial Brazileira SA [1995] 1 Lloyd's Rep 215
1995
Mance J
Arbitration
1 Citers
West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd [1995] 1 Lloyd's Rep 560; Lloyd's List March 15 1995
25 Jan 1995
ComC
Waller J
Contract, Arbitration
cw Contract - contractual rights - fulfilment of conditions - freedom to fulfil bargain - court action precluded - ouster clauses - arbitration - term - construction - one party sole arbitrator of construction - contrary to public policy - exceptions - international contract - public policy - application
The parties disputed a contract providing compensation for oil pollution losses. It was between oil companies who contributed to the fund and its administrators, Cristal. It provided that Cristal was to 'be the sole judge in accordance with these terms of the validity of any claim made hereunder'. The claimant association made a claim which Cristal rejected. It was accepted that the association was to be treated as a party to the contract.
1 Cites
1 Citers
Mangistaumunaigaz Oil Production Association v United World Trading Inc Times, 24 February 1995
24 Feb 1995
QBD
Arbitration
'Arbitration, if any, by ICC rules in London' was a valid binding reference to arbitration.
Eippin Group Ltd v ITP Interpipe Sa Times, 10 March 1995
10 Mar 1995
IHCS
Arbitration
Debt on contract subject to arbitration is pure not contingent debt (Scotland).
Excess Insurance Petroleum Ltd and Anr v C J Mander [1997] 2 Lloyd's Rep 119; Lloyd's List 18 May 1995
5 May 1995
ComC
Colman J
Arbitration
cw Arbitration - incorporation of arbitration clause - incorporation into retrocession contract - general words of incorporation.
Arbitration Act 1950 4(1)
West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay) Times, 26 October 1995; Independent, 01 November 1995; [1996] 1 Lloyd's Rep 370; [1996] CLC 240
26 Oct 1995
CA
Neill LJ
Transport, Arbitration, Contract
An agreement giving to a 'sole judge' the power to make a final decision was effective, and there was no appeal from his decision. The defendant's decision in his capacity as Convention administrator was as a final arbiter and was unreviewable. Held: The appeal was allowed. The agreement was unusual, but the deceisions was final and binding " . . .subject . . . to any question of unfairness, bad faith or perversity". Neill LJ "It remains the general rule of common law that an agreement wholly to oust the jurisdiction of the Courts is against public policy and void. . . . It is clear, however, that in applying the rule questions of fact are treated differently from questions of law . . ."
1 Cites
1 Citers
Turner v Stevenage Borough Council Times, 07 December 1995
7 Dec 1995
ChD
Arbitration
Arbitrator showed no bias by refusing to stand down after one party had refused to agree to his costs.
