swarb.co.uk - law index
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Arbitration - From: 1996 To: 1996
This page lists 17 cases, and was prepared on 03 April 2018.
Unicargo v Flotee Maritime S De Rl and Another Ind Summary, 01 January 1996
1996
QBD
Arbitration
No leave should be given to serve an originating summons for arbitration abroad without an arbitration agreement.
The Frotanorte [1996] 2 Lloyds LR 461
1996
CA
Nourse LJ
Arbitration
The discretion in the court to to appoint an arbitrator under section 19(1) should not be narrowed without good reason. He continued: "In every such case there must come a time when the Court can properly refuse to grant [the relief sought] not because its dignity has been affronted nor in order to punish the applicant, but simply because it is wrong to grant a remedy to someone who has for so long neglected his right to seek it. The power to refuse relief in such circumstances is one which every Court in the land would wish to preserve. Accordingly, I cannot accept that inordinate and inexcusable delay is only capable of defeating an application under s.10(1) if it has caused serious prejudice to the other party."
Arbitration Act 1950 10(1) 19(1)
1 Citers
West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd [1996] CLC 240
1996
CA
Neill LJ
Contract, Arbitration
A contract had been set up to provide compensation for oil pollution losses. It was between oil companies who contributed to the fund and its administrators, Cristalwho 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. The main argument was as to ouster of jurisdiction. Held: The Court rejected the argument. It was not argued that the fact of Crystal being the sole judge vitiated the agreement.
Neill LJ stated: "it does not seem to me that any question arises as to the ouster of the jurisdiction of the court. The court clearly has a role to play. The problem is to define the extent of that role.
I see the force of the submission that it is unusual for one party to a contract to be constituted the sole arbiter of the validity of any claim made against it. There is therefore attraction in the argument that the determination under cl.IX is merely . . a first stage determination . . I have come to the conclusion, however, that this argument must be rejected."
1 Cites
1 Citers
Fletamentos Maritimos Sa v Effjohn Internation Bv (1) [1996] 2 Lloyd's Rep 304
23 Jan 1996
ComC
Langley J
Arbitration
ComC Arbitration - arbitration clause - further agreement subsequent to arbitration clause - incorporation of arbitration clause - separate agreement
1 Citers
Cocking v Prudential Assurance Co Ltd and Associated Actions; QBD 24-Jan-1996 - Ind Summary, 26 February 1996; Times, 24 January 1996
British Shipbuilders v Vsel Consortium Plc Times, 14 February 1996
14 Feb 1996
ChD
Arbitration
An expert's role is defined and limited by the agreement between the appointing parties.
Sea Trade Maritime Corporation of Monrovia v Hydro Aluminium A/S Oslo Lloyd's List 2 March 1996
2 Mar 1996
ComC
Langley J
Arbitration
ComC Arbitration - extension of period to appoint arbitrator - discretion - principles
Arbitration Act 1950 27
The Mahkutai Times, 24 April 1996; [1996] AC 650; [1996] 3 WLR 1
24 Apr 1996
PC
Lord Goff of Chieveley
Transport, Commonwealth, Jurisdiction, Contract, Arbitration
(Hong Kong) The question was whether shipowners, who were not parties to the bill of lading contract between the charterers and carriers on the one part, and the cargo-owners, the bill of lading being a charterer's bill, could enforce against the cargo-owners an exclusive jurisdiction clause contained in that contract. Held: Ship owners may not rely on an exclusive jurisdiction clause in a charterer's contract. They could not because the Himalaya clause in the bill of lading, which extended the benefit of all "exceptions, limitations, provision, conditions and liberties herein benefiting the carrier" to "servants, agents and subcontractors of the carrier" did not include the exclusive jurisdiction clause because an exclusive jurisdiction clause is a mutual agreement and does not benefit only one party. Rather the rights conferred entail correlative obligations. A contract (and in particular a Himalaya clause) must be construed to give commercial effect if possible.
1 Cites
1 Citers
Philip Alexander Securities and Futures Ltd v Bamberger and Others Independent, 08 July 1996
8 May 1996
ComC
Waller J
International, Consumer, Arbitration
ComC Consumer contracts - arbitration provision - Consumer Arbitration Agreements Act 1988 - exceptions - sections 2(b), 4 : European Union - Consumer contracts - arbitration provision - Consumer Arbitration Agreements Act 1988 - exceptions - section 2(a) - distinction between domestic and non-domestic consumers - discrimination - Article 6 EC - freedom to provide services - restriction - Article 59 EC - breach of European law - disapplication of section 2(a) : Consumer contracts - arbitration provision - ruling on application of arbitration provision by courts of Contracting State - Brussels Convention article 1(4) - exclusion of arbitration - meaning - Brussels Convention article 27(4), 28
Consumer Arbitration Agreements Act 1988
1 Citers
Extrudakerb (Maltby Engineering) Ltd v White-Mountain Quarries Ltd (Ni) Times, 10 July 1996
10 Jul 1996
QBD
Arbitration
Arbitration clause included with indirect reference if in incorporated standards.
Vitol Sa v Norelf Ltd; HL 10-Jul-1996 - Gazette, 10 July 1996; Times, 01 July 1996; [1996] AC 800; [1996] 2 Lloyds Rep 225
Philip Alexander Securities and Futures Ltd v Bamberger and Others Times, 22 July 1996; [1997] Eu LR 63; [1996] CLC 1757
22 Jul 1996
CA
Arbitration, Contract, Consumer
Consumer Arbitration Agreements Act 1988
1 Cites
Frota Oceanica Brasileira Sa and Another v Steamship Mutual Underwriting Association (Bermuda) Times, 13 August 1996
13 Aug 1996
CA
Arbitration
A discretion on the appointment of an arbitrator is completely unfettered; refusal proper.
Arbitration Act 1950 10(1)
Fletamentos Maritimos Sa v Effjohn Internation Bv (2) Times, 08 October 1996
8 Oct 1996
QBD
Arbitration
A judge has the power to intervene in an arbitration even at interlocutory stage but should do so only rarely.
1 Cites
Kingswood Borough Council v Kenneth Daunter [1996] EWCA Civ 812
25 Oct 1996
CA
Arbitration
[ Bailii ]
Trustee of Property of Alan Andrews v Brock Buildings (Kessingland) Limited Gazette, 05 February 1997; Times, 09 December 1996; [1996] EWCA Civ 1023; [1997] QB 674
21 Nov 1996
CA
Master of the Rolls, Aldous and Brooke LJJ
Arbitration, Litigation Practice
An impecunious plaintiff who resisted an application to stay proceedings in order to allow an arbitration can be required to show the cause of his inability to fund the action.
Arbitration Act 1950 4
1 Cites
1 Citers
[ Bailii ]
Dew Group Ltd v Costain Building and Civil Engineering Ltd Times, 20 December 1996
20 Dec 1996
OHCS
Arbitration
Arbitration agreed to despite subsequent need to appoint new arbiter.