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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: 1998 To: 1998

This page lists 20 cases, and was prepared on 03 April 2018.


 
 China Agribusiness Development Corporation v Balli Trading; 1998 - [1998] 2 Lloyd's Rep 76
 
HM Secretary of State for Foreign and Commonwealth Affairs v The Percy Thomas Partnership (A Firm), Kier International Ltd [1998] EWHC Technology 348
19 Jan 1998
TCC

Arbitration

Arbitration Act 1950 10(1)
[ Bailii ]
 
Norwest Holst Construction Ltd v Co-Operative Wholesale Society Ltd [1998] EWHC Technology 339
17 Feb 1998
TCC

Arbitration, Construction

[ Bailii ]

 
 Abner Soleimany v Sion Soleimany; CA 4-Mar-1998 - Times, 04 March 1998; [1998] EWCA Civ 285
 
Living Waters Christian Centres Limited v Henry George Fetherstonehaugh [1998] EWCA Civ 401
5 Mar 1998
CA

Arbitration
Application for leave to appeal.
1 Cites

1 Citers

[ Bailii ]
 
Cyrus Malekout v Medical Sickness Annuity and Life Assurance Society Limited [1998] EWCA Civ 492
19 Mar 1998
CA

Arbitration
The claimant sought leave to appeal an order staying his action for an arbitration. Held: No defects had been disclosed in the judge's decision, and leave was refused.
1 Cites

1 Citers

[ Bailii ]
 
Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited [1998] 3 All ER 730
20 Mar 1998
TCC
His Honour Judge Humphrey Lloyd Qc
Arbitration, Costs
“A tribunal does not act fairly and impartially if it does not give a party an opportunity of dealing with arguments which have not been advanced by either party”.
Arbitration Act 1996 68
1 Citers


 
Ron Jones (Burton-On-Trent) Ltd v John Stewart Hall, Jacqueline Dorothy Hall [1998] EWHC Technology 328
7 Apr 1998
TCC
Humphrey LLoyd QC HHJ
Arbitration

[ Bailii ]

 
 Malekout v Medical Sickness Annuity and Life Assurance Society Limited; CA 21-May-1998 - [1998] EWCA Civ 872
 
Simmonds v Powell, National Trust for Places of Historic Interest and Natural Beauty [1998] EWCA Civ 1062
22 Jun 1998
CA

Landlord and Tenant, Agriculture, Arbitration

Agricultural Holdings Act 1986
[ Bailii ]
 
National Power Plc v National Grid Company Plc [1998] EWCA Civ 1227
16 Jul 1998
CA

Utilities, Arbitration

[ Bailii ]
 
Grimaldi Compagnia Di Navagazione Spa v Ssekihyo Line Ltd Times, 20 July 1998
20 Jul 1998
QBD

Arbitration
Where a dispute was substantially factual a question as to whether an application to refer the matter to an arbitrator was out of time should itself be dealt with by arbitrators rather than by the High Court.
Arbitration Act 1996

 
Wakefield (Towr Hill Trinity Square) Trust v Janson Green Properties Ltd Times, 20 July 1998
20 Jul 1998
ChD

Arbitration
Where an arbitration was stopped on agreed terms before the decision of the arbitrator was issued, then an arbitration can be re-started provided this is not in breach of a term of the settlement.

 
Ballast Wiltshier Plc (Formerly Ballast Nedham Construction Limited) v Thomas Barnes and Sons [1998] EWHC Technology 306
29 Jul 1998
TCC

Construction, Arbitration

[ Bailii ]

 
 Inco Europe Ltd and Others v First Choice Distribution (A Firm) and Others; CA 22-Oct-1998 - Times, 22 October 1998; Gazette, 28 October 1998; [1998] EWCA Civ 1460; [1998] EWCA Civ 1461; [1998] EWCA Civ 1462; [1999] 1 WLR 270
 
Uzdon v Romak Sa [1998] EWHC 1200 (Comm)
6 Nov 1998
ComC
Langley J
Arbitration

[ Bailii ]
 
Van Uden Maritime v Kommanditgesellschaft in Firma Deco-Line and others (Judgment) Times, 01 December 1998; [1999] 2 WLR 1181; C-391/95; [1998] ECR I-7091; [1998] EUECJ C-391/95
17 Nov 1998
ECJ

Arbitration, European
Applications under the Brussels Convention for Interim Measures were capable of being heard by courts notwithstanding a clause referring disputes under the contract in issue exclusively to arbitration. Even in the case of Article 24 of the Brussels Convention it has been made clear that the granting of provisional or protective measures on the basis of Article 24 is conditional on, inter alia, the existence of a real connecting link between the subject matter of the measures sought and the territorial jurisdiction of the contracting state of the court before which those measures are sought. Jurisdiction existed because, despite the existence of an arbitration, the subject matter of provisional measures was not arbitration: " … it must be noted…that provisional measures are not in principle ancillary to arbitration proceedings but are ordered in parallel to such proceedings and are intended as measures of support. They concern not arbitration as such but the protection of a wide variety of rights. Their place in the scope of the Convention is thus determined not by their own nature but by the nature of the rights which they serve to protect …"
1 Citers

[ Bailii ]
 
Twtt SA v Bangladesh Biman Corporation [1998] EWCA Civ 1807
19 Nov 1998
CA

Arbitration
Application for leave to appeal against refusal of stay of arbitration.
[ Bailii ]
 
O'Callaghan v Coral Racing Ltd Times, 26 November 1998; [1998] EWCA Civ 1801
19 Nov 1998
CA
Lord Justice Hirst Lord Justice May And Sir Christopher Slade
Contract, Arbitration
An agreement for the referral of disputes to arbitration made as part of a gaming agreement is as unenforceable as the void agreement of which it is part and parcel.
[ Bailii ]
 
Morgan Sindall Plc v Sawston Farms (Cambs) Ltd [1998] EWCA Civ 1905
3 Dec 1998
CA
Lord Justice Robert Hutchison, Lord Justice Robert Walker, Lord Justice Tuckey
Contract, Arbitration
An option had been given for the purchase of land. The claimant challenged the value assigned on exercising the option. The landowner subsequently disclosed a right of way over the land. Held: An expert's valuation cannot be challenged if it is honest, and given in good faith. It cannot be challenged for mistake. The valuation was non-speaking in that no justification was given. The less is said, the more difficult it is for a valuation to be challenged. A notional vendor who ruthlessly exploits a purchaser (see Northern Electric) must be disregarded because he would not be a willing vendor or lessor. Nevertheless to argue so must be to import reasons merely to challenge them. Appeal dismissed.
1 Cites

[ Bailii ]
 
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