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Arbitration - From: 1999 To: 1999

This page lists 51 cases, and was prepared on 03 April 2018.

 
ABB Lummus Global Ltd v Keppel Fels Ltd [1999] 2 Lloyd's Rep 24
1999


Arbitration

1 Citers



 
 Project Consultancy Group v Trustees of the Gray Trust; 1999 - (1999) 65 Con LR 14
 
Al Midani v Al Midani [1999] I Lloyd's Rep 923
1999

Rix J
Arbitration
An arbitration agreement was entered into by the heirs of a wealthy Saudi by which they submitted a dispute as to their late father's estate to a named arbitrator. Held: That agreement was probably governed by either Sharia law or such law as modified by the law of Saudi Arabia, and that Islamic or Sharia law was to be regarded as a branch of foreign law. In the circumstances of the case "it seems to me very likely that the applicable law of the agreement is either Shari'a law or such law modified by Saudi law.
For these purposes I regard Islamic or Shari'a law as a branch of foreign law".
1 Citers


 
Henry Boot Construction v Malmaison Hotel (Manchester) Ltd (1999) 70 Con LR 32
1999
TCC
HHJ Dyson
Construction, Arbitration

1 Cites

1 Citers


 
Seabridge Shipping AB v AC Orssleff's EFtF's A/S [1999] 2 Lloyd's Rep 685
1999
QBD
Thomas J
Arbitration
The court discussed the policies underlying the 1996 Act: "One of the major purposes of the Arbitration Act 1996 was to set out most of the important principles of the law of arbitration of England and Wales in a logical order and expressed in a language sufficiently clear and free from technicalities to be readily comprehensible to the layman. It was to be 'in user friendly language'.. . .
As this has been the actual achievement of the Act, it would in my view be a retrograde step if when a point arose reference had to be made to pre-Act cases. Reference to such cases should only generally be necessary in cases where the Act does not cover a point - as, for example, in relation to confidentiality or where for some other reason it is necessary to refer to the earlier cases. A court should, in general, comply with the guidance given by the Court of Appeal and rely on the language of the Act. International users of London arbitration should, in my view, be able to rely on the clear "user-friendly language" of the Act and should not have to be put to the trouble or expense of having regard to the pre-1996 Act law on issues where the provisions of the Act set out the law. If international users of London arbitration are not able to act in that knowledge, then one of the main objectives of the reform will have been defeated."
Arbitration Act 1996
1 Cites

1 Citers


 
Egmatra A G v Marco Trading Corporation [1999] 1 Lloyds Reports 862
1999

Tuckey J
Arbitration
The test of "substantial injustice" is intended to be applied by a way of support of the arbitral process, not by way of interference with that process. It is only in those cases where it can be said that what has happened is so far removed from what could reasonably be expected of the arbitral process that we would expect the court to take action. … In short, clause 68 is really designed as a longstop, only available in extreme cases where the tribunal has gone so wrong in its conduct of the arbitration that justice calls out for it to be corrected.
Arbitration Act 1986 68
1 Citers


 
Royal Brompton Hospital National Health Trust v Hammond etc [1999] EWHC Technology 272; (2000) Lloyd's Rep 643
8 Jan 1999
TCC
His Honour Judge John Hicks Qc
Construction, Arbitration

1 Citers

[ Bailii ]
 
Azov Shipping Company v Baltic Shipping Co. (No. 2) [1999] 2 Lloyd's Rep. 39
12 Jan 1999
ComC
Longmore J
Arbitration
ComC Security for costs.
1 Citers


 
In the Matter of Arbitration Acts 1950-1979 and In the Matter of an Arbitration Bem Dis a Turk Ticaret v International Agri Trade Co Ltd [1999] EWCA Civ 566
14 Jan 1999
CA

Arbitration

1 Cites

1 Citers

[ Bailii ]
 
Henry Boot Construction Limited v Alstom Combined Cycles Limited (Formerly GEC Alsthom Combined Cycles Limited) [1999] EWHC Technology 263
22 Jan 1999
TCC
Humphrey Lloyd QC
Arbitration, Construction

1 Cites

1 Citers

[ Bailii ]
 
Korda v Itf Ltd, Trading As the International Tennis Federation Times, 04 February 1999
4 Feb 1999
ChD

Arbitration
Decisions of the International Tennis Federation anti-doping appeals committee are not appealable to the Court of Arbitration for Sport. The appeal system was intended to be final, and the rules agreed by the competitor bound him and the federation.


 
 Danae Air Transport Sa v Air Canada; ComC 8-Feb-1999 - Times, 31 March 1999; Gazette, 14 April 1999; [1999] 1 All ER (Comm); [1999] 2 Lloyd's Rep. 105
 
Kirkaldy v Walker [1999] 1 All ER (Comm) 334; [1999] CLC 722; [1999] Lloyd's Rep. I.R. 410
9 Feb 1999
ComC
Longmore J
Arbitration
ComC Floating dry dock - policy terms - "Condition of survey" - "Towage Approval Survey" - whether surveys performed - breach of warranty - Non-disclosure obligation when independent survey required.


 
 Macob Civil Engineering Ltd v Morrison Construction Ltd; TCC 12-Feb-1999 - Gazette, 10 March 1999; Times, 11 March 1999; [1999] EWHC Technology 254; [1999] BLR 93; (1999) 64 Con LR 1
 
Birse Construction Limited v St David Limited [1999] EWHC Technology 253; (1999) BLR 194
12 Feb 1999
TCC
HHJ Humphrey Lloyd
Construction, Arbitration
There are four approaches to deciding whether an arbitration agreement exists to which section 9 applies:- (1) to determine on the evidence before the court that such an agreement does exist in which case (if the disputes fall within the terms of that agreement) a stay must be granted, in the light of the mandatory "shall" in section 9(4). It is this mandatory provision which is the statutory enactment of the relevant Article of the New York Convention, to which the United Kingdom is a party; (2) to stay the proceedings on the basis that it will be left to the arbitrators to determine their own jurisdiction pursuant to section 30 of the 1996 Act, taking into account the subsequent provisions in the 1996 Act for challenge to any decision eventually made by the arbitrators; (3) not to decide the issue but to make directions pursuant to what is now CPR Part 62.8 for an issue to be tried as to whether an arbitration agreement does indeed exist; (4) to decide that no arbitration agreement exists and to dismiss the application to stay.
1 Citers

[ Bailii ]
 
Poseidon Schiffahrt Gmbh v Nomadic Navigation Company Limited [1999] EWCA Civ 818
18 Feb 1999
CA

Arbitration
Appeal from arbitration as to "Whether Clause 3(i) of the Shelltime 4 form of time charter has any application to defects in the vessel existing as at the time of her delivery as distinct from defects which came into existence after her delivery. "
[ Bailii ]
 
Bem Dis a Turk Ticaret S/a Tr v International Agritrade Co Ltd [1999] EWCA Civ 855
25 Feb 1999
CA

Arbitration

1 Cites

1 Citers

[ Bailii ]

 
 Minmetals Germany Gmbh v Ferco Steel Ltd; ComC 1-Mar-1999 - Times, 01 March 1999; [1999] 1 All ER (Comm); [1999] CLC 647; Independent, 02 February 1999
 
In Re Q's Estate [1999] 1 All ER (Comm) 499; [1999] 1 Lloyd's Rep. 931; (1999) 149 NLJ 442; Independent, 19 March 1999
12 Mar 1999
ComC
Rix J
Arbitration
ComC 1. An arbitration clause providing for the "exclusive jurisdiction of arbitration" in respect of "any disputes deriving from or in connection with this agreement "did not exclude the courts jurisdiction to grant a Mareva injunction under s 44 Arbitration Act 1996 on the basis that the parties had "otherwise agreed". Mantovan v Canapell [1980] 1 W 375 distinguished. 2. An agreement for a Mareva injunction can approach the Court in anticipation of the completion of a cause of action, provided that the order is not formally granted until after the cause of action has arisen. The Varaumy I [1992] 1 LIR 353 distinguished.

 
Bankers Trust Company v P T Jakarta International Hotels and Development Times, 10 May 1999; [1999] 1 All ER (Comm) 785; [1999] 1 Lloyd's Rep 910
12 Mar 1999
ComC
Cresswell J
Arbitration, Litigation Practice
Where an arbitration agreement referred to an arbitration under the rules of a major international scheme, by virtue of a standard form master agreement, this was sufficient and good reason to grant an injunction to enforce the reference.
ComC Injunction restraining proceedings in a foreign court in breach of an arbitration agreement.

 
Patel v Patel Times, 09 April 1999; [1999] EWCA Civ 1080
24 Mar 1999
CA

Arbitration
A party applying to set a default judgment aside with associated leave to defend did not thereby take any substantial step in proceedings which would debar him from insisting that the matter be stayed pending a referral to arbitration.
Arbitration Act 1996 9
1 Citers

[ Bailii ]
 
Laker Airways Inc v FLS Aerospace Ltd [1999] EWHC B3 (Comm); [2000] 1 WLR 113
20 Apr 1999
ComC
Rix J
Arbitration, Legal Professions
The court was asked: "whether a barrister who has been appointed an arbitrator by one party to the arbitration should be removed by the court on the ground that another barrister from the same chambers has been instructed in the arbitration by the appointing party". The arbitrator had offered to recuse himself if both parties requested, but not only at the request of one. The claimant said that the members of chambers shared office space and administration, and that there was no formal system to protect confidential materials.
Arbitration Act 1996 24(1)(a)
1 Citers

[ Bailii ]
 
Living Waters Christian Centres Limited v Henry George Fetherstonhaugh [1999] EWCA Civ 1269; [1999] 28 EG 121; (1999) 2 EGLR 1
27 Apr 1999
CA

Landlord and Tenant, Arbitration

1 Cites

1 Citers

[ Bailii ]
 
Azov Shipping Company v Baltic Shipping Co (No. 3) [1999] 2 All ER (Comm) 453; [1999] 2 Lloyd's Rep 159; [1999] CLC 1425
11 May 1999
ComC
Colman J
Arbitration
Arbitration Act 1996, section 67, whether parties had entered into a general use or containers agreement containing an arbitration agreement. Effect of sections 36, 36A and 36C of the Companies Act 1985 and of their extension of foreign corporations by S.I. 1994/950 and S.I. 1995/1729 (obiter). Estoppel by representation: effect of sword/shield dichotomy (obiter).


 
 Westacre Investments Inc v Jugoimport-Sdrp Holding Company Limited; etc; CA 12-May-1999 - Times, 25 May 1999; [1999] EWCA Civ 1401; [1999] 3 WLR 811; [1999] 3 All ER 864; [1999] 1 All ER (Comm) 865; [1999] 2 Lloyd's Rep. 65; [1999] CLC 1176; [1999] BLR 279; Independent, 25 May 1999
 
Walkinshaw v Diniz [2000] 2 All ER (Comm) 237; [2001] 1 Lloyd's Rep. 632
19 May 1999
ComC
Thomas J
Contract, Arbitration
Sports dispute – Formula 1 - scope of jurisdiction of the international panel – was the reference to arbitration or to another form of consensual dispute resolution – meaning of “arbitration”.
1 Citers


 
Seth Agodzo v Martin Amegashitsie Eddie Quaynor [1999] EWCA Civ 1453
20 May 1999
CA

Civil Procedure Rules, Arbitration
The judge had repeatedly adjourned a matter, directing that the parties should consider alternative dispute resolution. Since the first adjournment, the rules had been changed to allow a court to refer a case for such an arrangement. One party objected. Held: The new power could be exercised even in an existing case, and therefore the objection, even if it succeeded, could not prevent a judge making a reference under the new rules upon its return.
Civil Procedure Rules 26.4
[ Bailii ]

 
 Laker Airways Inc v FLS Aerospace Ltd and Another; ComC 21-May-1999 - Times, 21 May 1999; [2000] 1 WLR 113; [1999] 2 Lloyd's Rep 45; [1999] CLC 1124; Independent, 24 May 1999
 
Omnium de Traitement et de Valorisation S A v Hilmarton Ltd [1999] 2 All ER (Comm) 146; [1999] 2 Lloyd's Rep. 222
24 May 1999
ComC
Timothy Walker J
Arbitration
Whether an Award in an arbitration whose proper and curial law was Swiss should be refused enforcement in England under Section 103 of the Arbitration Act 1996 in a case where the arbitrator had expressly found that no corrupt activity was involved, but English law would not have enforced the underlying contract due to illegality in the place of performance.

 
McNicholas Plc v AEI Cables Limited
25 May 1999
TCC
Humphrey Lloyd QC
Construction, Arbitration
The claimant had subcontracted to supply cabling on the defendant's project. The contract provided both for the exclusive jurisdiction of the English courts but also for arbitration. The defendant applied for the action to be stayed and referred to arbitration. The claimant said the clause was ineffective being uncertain within s9 of the 1996 Act, and also unenforceable as an unfair contract term Held: The reference clause was effective, and the court action should be stayed for arbitration. "Wherever possible, a court will seek to uphold a contract rather than to destroy it. In my judgment it is plain that clause 8 of this sub-contract has two purposes. First, it selected the law that was to be applied to the contract. The reference to the English Courts having exclusive jurisdiction over the agreement is curious since both parties are English companies and the works are in England so this stipulation may be redundant, but equally there may have been a good reason for it. It is however clear that clause 9 is intended to ensure that disputes in a wide variety of circumstances should either be referred to arbitration or should be subject to some other regime. I have no doubt that the reference to the English courts having jurisdiction can be read satisfactorily with clause 9 since it must be taken to be the parties' intention that in so far as it was necessary to have recourse to any court to deal with any matter arising out of the agreement which could not be dealt with by the arbitrator then the English courts would be the appropriate court. "
The abrogation clause was strikingly unclear, but remained effective. The court approved the statement: "Incapable of being performed" connotes something more than mere difficulty or inconvenience or delay in performing the arbitration. There must be some obstacle which must be overcome even if the parties are ready, able and willing to perform the agreement." The agreement did not provide the claimant of an opportunity to have its disagreement dealt with fairly if the defendant gave notice to abrogate the agreement to arbitrate, but no such notice had been given.
The clause was unreasonable under the 1977 Act because it risked one party being unable to have its complaint adjudicated upon, and also being unable to have adjudicated an unrelated matter.
Arbitration Act 1996 9 - Unfair Contract Terms Act 1977 13(1)
1 Cites



 
 Shell UK Ltd et al v Enterprise Oil plc; ChD 17-Jun-1999 - Times, 17 June 1999
 
Federal Insurance Company and Another v Transamerica Occidental Life Insurance Co [1999] 2 All ER (Comm) 138; [1999] 2 Lloyd's Rep 286; [1999] CLC 1406; (1999) 149 NLJ 1037
22 Jun 1999
ComC
Rix J
Arbitration
ComC For the purposes of filing a vacancy where an arbitrator has ceased to hold office, pursuant to sections 27(3) and 16 of the Arbitration Act 1996: the arbitration clauses agreed procedure for appointment of arbitrations which to be applied as far as possible, even if it is necessary to resort to the statutory default provisions under subsection 16(3) and following. Thus, a 30 day contractual time limit for appointment an arbitrator will be applied on re-appointment of a substitute arbitrator in preference to the 14 days specified in section 16(5)(a).
Arbitration Act 1996 16 27(3)
1 Citers


 
How Engineering Services Ltd v Lindner Ceilings Floors [1999] EWHC B7 (TCC)
24 Jun 1999
TCC
Dyson J
Arbitration
Challenges to two arbitration awards
[ Bailii ]
 
Reichhold Norway ASA and Reichhold Chemicals Inc v Goldman Sachs International Times, 20 July 1999; [1999] EWCA Civ 1703; [1999] 2 Lloyd's Rep 567; [2000] 2 All ER 679; [1999] 2 LLR 567; [1999] 2 All ER (Comm) 174; [2000] 1 WLR 173
28 Jun 1999
CA
Lord Bingham CJ
Arbitration, Jurisdiction, Litigation Practice, International
An application was made to stay proceedings to await the decision of a foreign court. At first instance, Moore-Bick J had held that a Court has an interest in deciding the order in which related proceedings should be tried "not only because the existence of concurrent proceedings may give rise to undesirable consequences in the form of inconsistent decisions, but also because the outcome of one set of proceedings may have an important effect on the conduct of the other" and the court may manage the order in which the proceedings are heard. Case management is appropriate even where the proceedings are taking place between different parties in different jurisdictions, but before an action which has been properly commenced here is stayed pending the outcome of proceedings between different persons in another jurisdiction is granted, the defendant must show "very strong reasons for doing so and the benefits which are likely to result from doing so clearly outweigh any disadvantage to the plaintiff" Held: The appeal failed. Counsel had accepted "that the grant of stays such as this would be a rarity, account always being taken of the legitimate interests of plaintiffs and the requirement that there should be no prejudice to plaintiffs beyond that which the interest of justice were thought to justify."
1 Citers

[ Bailii ]
 
Glencore Grain Ltd v Agros Trading Co Ltd; Agros Trading Co Ltd v Glencore Grain Ltd Times, 12 July 1999; Gazette, 11 August 1999; [1999] EWCA Civ 1731; [1999] 2 All ER 288
1 Jul 1999
CA

Commercial, Arbitration
Even though a debt under commercial washout agreements between the parties was acknowledged, it was not enforceable in the context of unrelated arbitration awards between the parties. The non-payment of the washout agreement invoices created a dispute which had to be dealt with under GAFTA form 64 clause 11.
Arbitration Act 1950
1 Citers

[ Bailii ]
 
J H Rayner (Mincing Lane) Limited and others v Federative Republic of Brazil [1999] EWCA Civ 2015
29 Jul 1999
CA

Arbitration

1 Cites

[ Bailii ]

 
 Danae Air Transport Societie Anonyme v Air Canada; CA 29-Jul-1999 - Times, 05 August 1999; [1999] EWCA Civ 2011; [2000] 1 WLR 395; [2000] 2 All ER 649; [1999] 2 Lloyd's Rep. 547; [2000] CP Rep 25; [1999] CLC 1859; [1999] NPC 108
 
Sinochem International Oil (London) Co Ltd v Fortune Oil Co Ltd [1999] EWHC Commercial 204; [2000] 1 Lloyd's Rep 682
3 Aug 1999
ComC
Colman J
Arbitration, Contract
ComC Appointment of arbitrator: applications to set aside appointment on the ground of no binding agreement to . . (under section 17(3) of the Arbitration Act) and applications challenging on arbitrator's jurisdiction (under section 67(1) of the Arbitration Act: need for a procedure appropriate to the issue whether there was a binding agreement being determined by the Court instead of the arbitrators.
[ Bailii ]
 
Seabridge v AC Orssleffs A/S [2000] 1 All ER (Comm) 415; [1999] 2 Lloyd's Rep 685; [2000] CLC 656
9 Aug 1999
ComC
Thomas J
Arbitration, Transport
Whether clause paramount incorporated in Hague Rules or Hague Visby Rules. Whether appointment of arbitrator complied with s. 14 of the Arbitration Act 1996 - whether s. 14 of the Act is an exclusive code.

 
Seabridge Ab v A C Orssleff's Eftf's A/S [1999] EWHC 276 (QB); [2000] 1 All ER (Comm) 415; [2000] CLC 656; [1999] 2 Lloyd's Rep 685
9 Aug 1999
QBD
Thomas J
Transport, Arbitration

[ Bailii ]
 
Andrews (Trading As BA Contractors) v Bradshaw and Another Times, 11 October 1999
11 Oct 1999
CA

Arbitration
Although an arbitrator had failed to hide his irritation and impatience with one side on a case referred to him, that was insufficient to justify taking the reference away. However an agreement reached with one side only as to his costs could suggest a need for impartiality. The arbitrator had expressed himself unwisely, but had conducted the arbitration itself fairly, and his appointment would not be set aside.

 
AT and T v Saudi Cable (No. 1) [2000] 1 Lloyd's Rep 14; [2000] CLC 231
13 Oct 1999
ComC
Longmore J
Arbitration
Arbitrator - apparent or unconscious bias - non-executive director of company - whether Gough principle applies to arbitrators.
1 Citers


 
Rustal Trading Ltd v Gill and Duffus S A [2000] 1 Lloyd's Rep 14; [2000] CLC 231
13 Oct 1999
ComC
Moore-Bick J
Arbitration
Disagreement in relation to arbitration procedure (impartiality of arbitrator). Application failed.

 
ABB Hochspumurgstechnik v Clearway Unreported, 15 October 1999
15 Oct 1999
ComC
Longmore J
Arbitration
Construction Contract - Award Costs - Two open offers - second offer relating to separate issue but not offering costs of all issues to date because no cause of action accrued at time of first offer - leave to appeal refused.


 
 Esso Petroleum v Texaco Ltd and Others; ComC 19-Oct-1999 - Unreported, 19 October 1999
 
AT and T Corporation v Saudi Cable Company (No. 2)
22 Oct 1999
ComC
Longmore J
Arbitration
Conditions for permission to appeal to the Court of Appeal order of Court refusing to set aside award for imputed bias - paying party seeking permission to appeal - whether condition of immediate payment appropriate for permission to appeal - whether contrary to New York convention.

 
Harbour and General Works Ltd v The Environment Agency Times, 22 October 1999; Gazette, 10 November 1999; [1999] BLR 409
22 Oct 1999
CA

Arbitration, Contract, Construction
Where parties operated under a contract which provided for arbitration provided reference was claimed within a certain time scale, the failure of one party to apply for a reference in time because he had failed to read that part of the contract was not a sufficient reason to allow an extension of time. This applied even though the term was incorporated by reference, and that such applications need not be construed strictly.
1 Citers


 
Wealands v CLC Contractors Ltd, Key Scaffolding Ltd and another, Third Parties Times, 16 November 1999
16 Nov 1999
CA

Arbitration
Under a standard form arbitration reference, an arbitrator had the power to make an award for a contribution under the Act. A reference to arbitration under the laws of England meant that all such laws could be applied by the arbitrator as proper.
Civil Liability (Contributions) Act 1978
1 Citers



 
 Grammer v Lane and Others; CA 2-Dec-1999 - Times, 02 December 1999; Gazette, 17 December 1999
 
Eurosteel Ltd v Stinnes AG Unreported, 08 December 1999
8 Dec 1999
ComC
Longmore J
Arbitration
ComC Merger of claimant with another company both German companies whether arbitration comes to an end - universal succession by German Law whether recognised by English Law - Baytur S A v Fidgro Holding SA [1992] QB 610 distinguished.


 
 Bouygues UK Limited v Dahl-Jensen UK Limited; TCC 17-Dec-1999 - [1999] EWHC Technology 182; [2000] BLR 49
 
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