Minmetals Germany Gmbh v Ferco Steel Ltd: ComC 1 Mar 1999

A party accepting arbitration within one country took also that country’s system for supervising the process of arbitration, and enforcing any awards made.
ComC 1. Application of section 103(2)(c) Arbitration Act 1996. Applicant’s submission that it had no opportunity to meet the claim against it in the course of the arbitration. Enforcement must have been prevented by matters outside control. 2. Application and proper contribution of section 103(2)(c) of the Arbitration Act 1996 whether it relates to the tribunal’s non-compliance with agreed rules of procedure. Waiver of procedural irregularity. 3. Whether enforcement of award contrary to public policy if the award arose from a defect in procedure. Policy of New York convention and English as to finality of judgments of courts of sent of arbitration in their supervisory capacity.

Judges:

Colman J

Citations:

Times 01-Mar-1999, [1999] 1 All ER (Comm), [1999] CLC 647, Independent 02-Feb-1999

Arbitration

Updated: 09 April 2022; Ref: scu.83749