The applicants were involved in arbitration. They had sought to make a counter-claim, but the arbitrator had declined jurisdiction, saying that the subject matter of the counter-claim related to a matter too distant from the original claim.
Held: Arbitration agreements differed markedly. No general rule could be created for such situations and the court must look to the terms of each agreement. In this case the counter-claim involved an allegation relating to a mis-statement about a wholy unrelated transaction, and the arbitrator had been correct to decline jurisdiction.
Cresswell J
[2005] EWHC 156 (Comm), Times 09-Mar-2005
Bailii
England and Wales
Arbitration
Updated: 08 January 2022; Ref: scu.223338