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Pacol Ltd v Joint Stock Co Rossakhar: 2000

The respondents to the arbitration admitted breaches of contracts that raised some issue as to the amount of damages payable. The arbitrators made an award on the basis that the admission of liability was not justified. Held: It was a clear case, and only necessary for Mr Justice Colman to state the central principle of … Continue reading Pacol Ltd v Joint Stock Co Rossakhar: 2000

Westland Helicopters Ltd v Sheikh Al-Hejailan: QBD 13 Jul 2004

Judges: The Honourable Mr Justice Colman Citations: [2004] EWHC 1625 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Cited by: Cited – Wiltshire v Powell and others CA 7-May-2004 The claimant sought a declaration as to the ownership of an aircraft. Saying he had bought it in good faith from E … Continue reading Westland Helicopters Ltd v Sheikh Al-Hejailan: QBD 13 Jul 2004

Tame Shipping Ltd v Easy Navigation Ltd: QBD 28 Jul 2004

The parties had agreed to an arbitration subject to the condition that the reasons given were not to form any basis for appeal. The reasons were published separately from the award. Held: The appeal was based upon an assertion which could only be supported by reference to the reasons. The parties were bound by their … Continue reading Tame Shipping Ltd v Easy Navigation Ltd: QBD 28 Jul 2004

O’Donoghue v Enterprise Inns Plc: ChD 29 Sep 2008

The tenant sought to appeal against an arbitration award as to his rent. He said that the arbitrator should have allowed him an oral hearing. Held: The claim failed: ‘the fact that the Arbitrator might have come to a different conclusion if there had been an oral hearing does not begin to establish that the … Continue reading O’Donoghue v Enterprise Inns Plc: ChD 29 Sep 2008

Downing v Al Tameer Establishment and Another: CA 22 May 2002

A contractual dispute arguably involved an arbitration clause. Before the proceedings the Defendant denied the contract. Held: That assertion was a repudiation of the agreement to arbitrate, and the Claimant issued proceedings in Court. The issue of those proceedings was acceptance of the repudiatory breach with the result that the agreement to arbitrate was at … Continue reading Downing v Al Tameer Establishment and Another: CA 22 May 2002

AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant Jsc: ComC 16 Apr 2010

The parties contracte for works relating to a power plant. The applicable law was Khazak, but the agreement provided that any dispute between the parties was to be settled by arbitration in London. The claimant now sought an anti-suit injunction to prevent the respondent, effectively the Khazak government from pursuing a dispute in the Khazak … Continue reading AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant Jsc: ComC 16 Apr 2010

Kanoria and others v Guinness: CA 21 Feb 2006

Lord Phillips CJ expressed his own doubts about whether section 103(2) gives the court a broad discretion to allow enforcement of an award where one of the grounds set out in that subsection has been established. Citations: [2006] EWCA Civ 222, [2006] 1 Lloyd’s Rep 701 Links: Bailii Statutes: Arbitration Act 1996 101(2) Jurisdiction: England … Continue reading Kanoria and others v Guinness: CA 21 Feb 2006

Vale Do Rio Doce Navegacao SA and another v Shanghai Bao Steel Ocean Shipping Co Ltd and Others: QBD 14 Apr 2000

An arbitration process which sought to join parties who denied being part of the contract for arbitration could not itself decide the contractual power to enforce the arbitration. Accordingly the High Court had no jurisdiction either to apply the arbitration exception to the Convention, or to act under its own practice direction, or to serve … Continue reading Vale Do Rio Doce Navegacao SA and another v Shanghai Bao Steel Ocean Shipping Co Ltd and Others: QBD 14 Apr 2000

Peterson Farms Inc v C and M Farming Ltd: ComC 4 Feb 2004

The claimant sought a declaration that an award made in an ICC arbitration was made without jurisdiction and void. Judges: Langley J Citations: [2004] EWHC 121 (Comm), [2004] 1 LLR 603, [2004] 1 Lloyd’s Rep 603, [2004] NPC 13 Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Citing: See Also – Peterson … Continue reading Peterson Farms Inc v C and M Farming Ltd: ComC 4 Feb 2004

Emmott v Michael Wilson and Partners Ltd: ComC 12 Jan 2009

The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order. Held: The conditions for a peremptory order were met, and the order should be enforced. There was also a risk … Continue reading Emmott v Michael Wilson and Partners Ltd: ComC 12 Jan 2009

Soleh Boneh International Ltd v Government of the Republic of Uganda: CA 1993

When asked to order provision of security on an application not to enforce an arbitration award, the right approach is that of a sliding scale. The court referred to assessing the strength of the argument that the award is invalid ‘on a brief consideration by the Court which is asked to enforce the award while … Continue reading Soleh Boneh International Ltd v Government of the Republic of Uganda: CA 1993

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 14 Mar 2014

IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud. Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the tribunal and NNPC has a realistic prospect on that basis of proving that … Continue reading IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 14 Mar 2014

City of London v Sancheti: CA 21 Nov 2008

The defendant sought leave to appeal against a refusal of a stay of arbitration. He was an Indian national operating as a solicitor in London. When pursued for rent arrears on his busines premises, he requested a stay, seeking to take the protection of a bilateral investment treaty protecting nationals of one state who invested … Continue reading City of London v Sancheti: CA 21 Nov 2008

Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd: CA 21 Oct 2008

The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘ Held: A foreign arbitration award could be enforced within the UK only to the extent that the arbitration was subject to some international convention. Judges: Tuckey LJ, … Continue reading Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd: CA 21 Oct 2008

Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan: ComC 1 Aug 2008

The claimant had obtained an arbitration award, and a without notice order for its enforcement. The defendant applied for it to be set aside on the basis that no law had been agreed which would set the basis for the arbitration, and that the award was not enforceable against the defendant as a nation. Judges: … Continue reading Dallah Real Estate and Tourism Holding Company v Ministry of Religious Affairs, Government of Pakistan: ComC 1 Aug 2008

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 27 Apr 2005

A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England. Held: Gross J refused to consider immediate enforcement. He adjourned the proceedings for the payment of what was common ground to be indisputably due and of a further … Continue reading IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 27 Apr 2005

Dardana Ltd v Yukos Oil Company: QBD 21 Dec 2001

The defendant sought to challenge the enforcement here of a foreign arbitration award. It sought security for costs. Held: The action was not a challenge to the award itself, but rather to challenge an attempt to enforce it in England. The challenge was therefore in its nature defensive, and accordingly the courts did have power … Continue reading Dardana Ltd v Yukos Oil Company: QBD 21 Dec 2001

Yukos Oil Company v Dardana Ltd: CA 18 Apr 2002

The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant. Held: The Act cannot have been intended to give the court an open discretion on the enforcement of international arbitration awards, but … Continue reading Yukos Oil Company v Dardana Ltd: CA 18 Apr 2002

ASM Shipping Ltd of India v TTMI Ltd of England: ComC 19 Oct 2005

The court upheld an objection to one member of the arbitration panel for apparent bias, but refused to set aside a preliminary decision of the panel. Judges: Morison J Citations: [2005] EWHC 2238 (Comm), [2006] 2 All ER (Comm) 122 Links: Bailii Statutes: Arbitration Act 1996 68 Jurisdiction: England and Wales Cited by: See Also … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: ComC 19 Oct 2005

Deutsche Bank Ag v Tongkah Harbour Public Company Ltd: QBD 24 Aug 2011

The defendants applied under section 9 of the 1996 Act and/or under the court’s inherent jurisdiction or case management powers to stay two actions brought against them by Deutsche Bank AG, the international bank. Judges: Blair J Citations: [2011] EWHC 2251 (QB) Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales Arbitration Updated: 17 July … Continue reading Deutsche Bank Ag v Tongkah Harbour Public Company Ltd: QBD 24 Aug 2011

Lavender Shipmanagement Inc v Ibrahima Sory Affretement Trading SA and Others: ComC 16 Dec 2020

Issues concerning sections 67 and 69 of the Arbitration Act 1996. It first concerns the application of the Claimant (the ‘Owners’) pursuant to section 67 of the Arbitration Act 1996 (‘1996 Act’) for an order setting aside a London arbitral tribunal’s final award on jurisdiction dated 2 March 2020, by which it held that it … Continue reading Lavender Shipmanagement Inc v Ibrahima Sory Affretement Trading SA and Others: ComC 16 Dec 2020

Bandwidth Shipping Corporation v Intaari (‘Magdalena Oldendorrf’): CA 17 Oct 2007

An arbitrator hearing a case, and who appreciated that counsel had failed to take a point, should draw counsel’s attention to the point. No duty could arise if the arbitrator did not himself see the point. An applicant under section 68 faces a high hurdle in establishing serious irregularity, reflecting the reluctance of the courts … Continue reading Bandwidth Shipping Corporation v Intaari (‘Magdalena Oldendorrf’): CA 17 Oct 2007

London Underground Ltd v Citylink Telecommunications Ltd: TCC 20 Jul 2007

Each party challenged elements of an arbitration award. Judges: Ramsey J Citations: [2007] EWHC 1749 (TCC), [2007] 2 All ER (Comm) 694, [2006] 2 Lloyds 1, [2006] 1 All ER (Comm) 529, [2007] ArbLR 39, [2007] BLR 391, (2007) 114 Con LR 1 Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales … Continue reading London Underground Ltd v Citylink Telecommunications Ltd: TCC 20 Jul 2007

Fiona Trust and Holding Corp and others v Privalov and others: ComC 20 Oct 2006

The parties disputed whether their claim should be arbitrated. Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The arbitrator does not have jurisdiction to decide this issue; the court alone does. Nor … Continue reading Fiona Trust and Holding Corp and others v Privalov and others: ComC 20 Oct 2006

ASM Shipping Ltd of India v TTMI Ltd of England: CA 16 Oct 2006

The court at first instance had dismissed the ship-owner’s application to set aside the arbitration award, and then refused leave to appeal. The court of appeal had to consider whether it had jurisdiction itself to hear an application for leave. Held: A decision that a right has been waived under section 73 is a decision … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: CA 16 Oct 2006

ABB Ag v Hochtief Airport Gmbh and Another: ComC 8 Mar 2006

The court considered the authorities on when an applications to set aside an arbitration award might succeed under section 68. Held: Any such application faced a high hurdle. It can constitute a serious irregularity that a tribunal determines an issue which is not ‘in play’ between the parties. Judges: Tomlinson J Citations: [2006] EWHC 388 … Continue reading ABB Ag v Hochtief Airport Gmbh and Another: ComC 8 Mar 2006

Weissfisch v Julius, Weisfisch, Davis: CA 8 Mar 2006

An arbitration was to be governed by Swiss law with its seat in Geneva. One the party sought here an injunction restraining the arbitrator from acting as arbitrator on the grounds that the agreement had been induced by misrepresentation and was void or voidable. Held: An English court should not grant the injunction sought. The … Continue reading Weissfisch v Julius, Weisfisch, Davis: CA 8 Mar 2006

CGU International Insurance Plc and others v Astrazeneca Insurance Company Ltd: ComC 1 Dec 2005

Judges: Cresswell J Citations: [2005] EWHC 2755 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69(8) Jurisdiction: England and Wales Cited by: Appeal from – CGU International Insurance Plc and others v Astrazeneca Insurance Co Ltd. CA 16-Oct-2006 Whilst the court of appeal did have a residual discretion to review a refusal by a judge of … Continue reading CGU International Insurance Plc and others v Astrazeneca Insurance Company Ltd: ComC 1 Dec 2005

Eleni Shipping Ltd v Transgrain Shipping Bv: ComC 10 Apr 2019

Appeal under s. 69 of the Arbitration Act 1996 by the Claimant Owners against an award by which the majority of the tribunal rejected the bulk of the Owners’ claims against the Defendant Charterers arising out of the capture by pirates in the Arabian Sea of their Panamax bulk carrier ‘ELENI P’ Judges: Justice Popplewell … Continue reading Eleni Shipping Ltd v Transgrain Shipping Bv: ComC 10 Apr 2019

Republic of Kazakhstan v Istil Group Ltd: CA 9 Nov 2005

The parties had agreed for the provision of security for costs to cover thr proceedings save for any appeal. The defendant appealed an order refusing jurisdiction to vary that order. Held: The appeal succeeded. The court retained a jurisdictio to make an order for security for costs, and that jurisdiction was not lost for the … Continue reading Republic of Kazakhstan v Istil Group Ltd: CA 9 Nov 2005

Connex South Eastern Ltd v M J Building Services Group Plc: CA 1 Mar 2005

The defendant had repudiated the building contract in 2002. The claimant now resisted a request for arbitration, saying the request was an abuse of process after such delay. Held: The defendant’s appeal succeeded. The Arbitration Act explicitly allowed a reference at any time, and there was nothing in the Act to indicate any restrictive interpretation … Continue reading Connex South Eastern Ltd v M J Building Services Group Plc: CA 1 Mar 2005

Vee Networks Limited v Econet Wireless International Limited: QBD 14 Dec 2004

The court considered a complaint that the arbitration award was faulty or lack of jurisdiction under the agreement founding it. Judges: Mr Justice Colman Citations: [2004] EWHC 2909 (Comm), [2005] 1 Lloyd’s Law Reports 192 Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Cited by: See Also – Econet Wireless Ltd v … Continue reading Vee Networks Limited v Econet Wireless International Limited: QBD 14 Dec 2004

Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Sherman: CA 2 Dec 2004

The parties had agreed that their dispute should be resolved before the Jewish Beth Din according to Jewish substantive and procedural law. K was granted an interim freezing order. The defendant sold the asset, and K sought to assert a charge. Held: Jewish law specifically provide that the decision of the Beth Din operated in … Continue reading Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Sherman: CA 2 Dec 2004

Lauritzencool Ab v Lady Navigation Inc: ComC 12 Nov 2004

The court awarded interim injunctive relief to the effect that the shipowners should not act inconsistently with a time charterparty of two vessels. Judges: Cooke J Citations: [2004] EWHC 2607 (Comm) Links: Bailii Statutes: Arbitration Act 1996 44(2)(e) Jurisdiction: England and Wales Cited by: Appeal from – Lady Navigation Inc v Lauritzencool Ab and Another … Continue reading Lauritzencool Ab v Lady Navigation Inc: ComC 12 Nov 2004

Whiting v Halverson and others: CA 8 Oct 2002

Renewed application for permission to appeal against a decision that the district judge had correctly ordered a stay of proceedings instituted by the applicant under section 9 of the 1996 Act. Judges: Lws LJ Citations: [2002] EWCA Civ 1858 Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 27 June 2022; Ref: … Continue reading Whiting v Halverson and others: CA 8 Oct 2002

Stretford v The Football Association Ltd and Another: CA 21 Mar 2007

The claimant was a football player’s agent. The licensing scheme required disputes, including disciplinary procedures, to be referred to arbitration. He denied that the rule had been incorporated in the contract. He also complained that the Association had agreed to postpone disciplinary proceedings pending the result of other litigation between the parties. Held: The appeal … Continue reading Stretford v The Football Association Ltd and Another: CA 21 Mar 2007

L G Caltex Gas Co Ltd v National Petroleum Corporation and Another: CA 15 May 2001

Section 67(1)(a) applies both when a tribunal finds that it has jurisdiction and also when it declines jurisdiction. The respondent said that an informal agreement with the claimant to allow jurisdiction was limited to certain issues only. While an arbitral tribunal is entitled to determine whether it has jurisdiction, its decision on that issue is … Continue reading L G Caltex Gas Co Ltd v National Petroleum Corporation and Another: CA 15 May 2001

Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004

The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be implicit in parties’ choice to arbitrate in England. Judges: Mance VC, Carnwath, Mance LJJ … Continue reading Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004

JSC Zestafoni G Nikoladze Ferroalloy Plant v Ronly Holdings Ltd: ComC 16 Feb 2004

Judges: Mr Justice Colman Citations: [2004] EWHC 245 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Cited by: See also – Ronly Holdings Ltd. v Jsc Zestafoni G Nikoladze Ferroalloy Plant ComC 22-Jun-2004 . . Lists of cited by and citing cases may be incomplete. Arbitration Updated: 09 June 2022; Ref: … Continue reading JSC Zestafoni G Nikoladze Ferroalloy Plant v Ronly Holdings Ltd: ComC 16 Feb 2004

Fence Gate Ltd v Nel Construction Ltd: TCC 5 Dec 2001

Appeal from a costs award of an arbitrator where leave to appeal not required; consideration of the principles on which an arbitrator should determine costs, section 61 of the Arbitration Act 1996 and Rule 13 of Construction Industry Model Arbitration Rules (‘CIMAR’) ; whether court costs decisions or costs appeal decisions from arbitrators should be … Continue reading Fence Gate Ltd v Nel Construction Ltd: TCC 5 Dec 2001

Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003

The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure. Held: The issue of currency … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003

Warborough Investments Ltd v S Robinson and Sons (Holdings) Ltd: CA 10 Jun 2003

The applicant sought remission of the decision of the arbitrator on a rent review. The arbitrator had taken a different approach from that suggested by either party’s expert. Held: Arbitrators should be give a wide margin of appreciation. Even if there had been an irregularity, the arbitrator had not gone so far wrong in coming … Continue reading Warborough Investments Ltd v S Robinson and Sons (Holdings) Ltd: CA 10 Jun 2003

Hussmann (Europe) Limited v Ahmed Pharaon (Formerly Trading As Al Ameen Development and Trade Establishment): CA 4 Mar 2003

The appellant sought to set aside a declaration as to the validity of an arbitration award. A first award had been declared of no effect, and the case remitted to the arbitrator, and the second award was now challenged on the basis that the reference to the arbitrator was exhausted by the first award. Held: … Continue reading Hussmann (Europe) Limited v Ahmed Pharaon (Formerly Trading As Al Ameen Development and Trade Establishment): CA 4 Mar 2003

Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003

The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity under section 68(2). Held: The system of arbitration expected an arbitrator to rely to some extent … Continue reading Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003

Capital Trust Investment Limited v Radio Design AB and others: CA 15 Feb 2002

The claimant appealed an order staying its action on the basis that the agreement between the parties provided for arbitration in Sweden. Shares had been purchased, and the claimant said that because of misrepresentations by the respondent, they had paid six times the true value. There had been a Confidential Information Memorandum upon which both … Continue reading Capital Trust Investment Limited v Radio Design AB and others: CA 15 Feb 2002

A v B: ComC 21 Oct 2020

This judgment follows the application by the Claimant to enforce an arbitration award issued by consent (the ‘Consent Award’) pursuant to s.66 of the Arbitration Act 1996. Judges: Mr Justice Foxton Citations: [2020] EWHC 2790 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 05 June 2022; Ref: scu.657557

R Durtnell and Sons Ltd v Secretary of State for Trade and Industry: TCC 26 May 2000

The case raises the fundamental issue, which has not been addressed in previous cases, of the circumstances in which under s18 of the 1996 Act the Court should intervene. Judges: His Honour Judge John Toulmin Cmg QC Citations: [2000] EWHC 464 (TCC), [2000] BLR 321, [2001] 1 All ER (Comm) 41, [2001] 1 Lloyd’s Rep … Continue reading R Durtnell and Sons Ltd v Secretary of State for Trade and Industry: TCC 26 May 2000

Mousaka Inc v Golden Seagull Maritime Inc: QBD 30 Jul 2001

There has been no change to the rule that a judge refusing leave to appeal from an arbitration award, need not give his reasons. The rationale is that the question is a threshold one, of whether a particular standard had been reached. It was not a situation where a detailed examination was to be undertaken, … Continue reading Mousaka Inc v Golden Seagull Maritime Inc: QBD 30 Jul 2001

A T and T Corporation and Another v Saudi Cable Co: CA 23 May 2000

The test as to whether an arbitrator should declare an interest before adjudicating is the same as the test for a judge, namely whether there was any real danger that he was biased. The Act allowed a court to investigate whether a breach had occurred. Here the adjudicator had been a director of a company … Continue reading A T and T Corporation and Another v Saudi Cable Co: CA 23 May 2000

Ahmad Al-Naimi (T/a Buildmaster Construction Services) v Islamic Press Agency Incorporated: CA 28 Jan 2000

The court has an inherent power to stay proceedings. The court could refer a matter to arbitration where there was an arbitration clause, but could also do so under its inherent discretion, where this was not quite clear, but it was clear that good sense and proper management of litigation would suggest such a referral. … Continue reading Ahmad Al-Naimi (T/a Buildmaster Construction Services) v Islamic Press Agency Incorporated: CA 28 Jan 2000

Aoot Kalmneft v Glencore International AG and Another: QBD 27 Jul 2001

When asking whether the time for appeal against an arbitrator’s award should be extended, the court should look at several circumstances, including the length of the delay; whether the party was acting reasonably in all the circumstances in delaying; whether the other party had contributed to the delay; whether other party would suffer irremediable prejudice … Continue reading Aoot Kalmneft v Glencore International AG and Another: QBD 27 Jul 2001

Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs required would have cost far more than the repaired value of the vessel. Mocatta … Continue reading Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

The National Insurance and Guarantee Corporation Ltd v M Young Legal Services Ltd: 2004

In an urgent case, the court can make an order under section 44(3) notwithstanding that it involved making at least some determination of the rights of the parties under a contract in which the parties had agreed that the determination of their rights should be submitted to arbitration. Citations: [2004] EWHC 2972 (QB) Statutes: Arbitration … Continue reading The National Insurance and Guarantee Corporation Ltd v M Young Legal Services Ltd: 2004

Owners of the cargo lately laden on board the ship or vessel “ELPIS” v Owners of the ship or vessel “ELPIS”: AdCt 17 Oct 1997

ComC Arbitration – letter of undertaking – Arbitration section (14) of the Arbitration Act 1996 – Appeal from Admiralty Registrar – Cargo claim – application to add Plaintiff – were Defendants entitled to a stay or was the Arbitration Agreement inoperative because of the terms of a letter of undertaking? – was the expression ‘owners … Continue reading Owners of the cargo lately laden on board the ship or vessel “ELPIS” v Owners of the ship or vessel “ELPIS”: AdCt 17 Oct 1997

Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997

The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997

Profilati Italia S R L v Painewebber Incorporated, Painewebber International Futures Limited: ComC 12 Sep 2001

CS Arbitration – Award – Application to set aside award on the grounds of serious irregularity – Arbitration Act 1996 s. 68(2)(g) – whether inadvertent failure to disclose relevant documents resulted in award being procured in a way contrary to public policy – whether respondents suffered substantial injustice. Arbitration – Disclosure – Arbitration under Rules … Continue reading Profilati Italia S R L v Painewebber Incorporated, Painewebber International Futures Limited: ComC 12 Sep 2001

RC Pillar and Sons v Edwards and another: TCC 11 Jan 2001

The parties had disputed the final value of works of construction. The dispute was referred to an arbitration, the costs of which came vastly to exceed the sums at issue. An application was now made for the award to be remitted. Held: A request for an extension of time for an application under section 60 … Continue reading RC Pillar and Sons v Edwards and another: TCC 11 Jan 2001

Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc: QBD 24 Nov 2000

The place of arbitration, the juridical seat, was necessarily and inherently established at the time when an arbitration began, and could not subsequently be moved, save with the consent of the parties. Until the point where the arbitration commenced, the juridical seat could be established as required under the Act by looking at all the … Continue reading Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc: QBD 24 Nov 2000

LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001

The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to jurisdiction which was susceptible to challenge, and the respondents asserted that it was a … Continue reading LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001

Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd: ComC 21 Mar 2005

Application for court to nominate arbitrator. Judges: The Hon Mr. Justice Moore-Bick Citations: [2005] EWHC 455 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Citing: See Also – Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd ComC 18-Dec-2003 . . See Also – Through Transport Mutual Insurance … Continue reading Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co Ltd: ComC 21 Mar 2005

Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003

Proceedings before an arbitrator were governed by rule 62.10, which provided its own entire code, and imposed a presumption in favour of privacy. The principles of Scott v Scott need not apply. Scott would now be decided under analogous reasonings under the Human Rights Act. Judges: Cooke J Citations: Times 01-Sep-2003 Statutes: Civil Procedure Rules … Continue reading Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003

Republic of Uganda v Rift Valley Railways (Uganda) Ld and Others: ComC 11 Dec 2020

Application by RVR Investments (Pty) Limited and KU Railways Holdings Limited (the ‘Shareholders’) to be joined as parties to the proceedings under CPR rule 19.4 – or more correctly CPR rule 19.2. The underlying proceedings are a challenge under section 67 of the Arbitration Act 1996 brought by the Claimant, the Republic of Uganda (‘Uganda’) … Continue reading Republic of Uganda v Rift Valley Railways (Uganda) Ld and Others: ComC 11 Dec 2020

Ahad and Another v Uddin: CA 15 Jun 2005

The parties were partners, and the partnership agreement contained provisions for arbitration. The claimant had begun proceedings, and the defendant had filed a defence. The claimants then applied to amend their particulars of claim. The defendant sought a stay saying this revived his entitlement him to require the case to be referred to arbitration. Held: … Continue reading Ahad and Another v Uddin: CA 15 Jun 2005

Omnium de Traitement et de Valorisation S A v Hilmarton Ltd: ComC 24 May 1999

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 … Continue reading Omnium de Traitement et de Valorisation S A v Hilmarton Ltd: ComC 24 May 1999

India Steamship Co Ltd v Arab Potash Co Ltd: ComC 12 Dec 1997

Arbitration Act 1996, Section 69(3)(d): when is it just and proper in all the circumstances for the court to determine a question raised on an application for leave to appeal; issue of construction in a one-off charterparty clause where pre-existing judicial authority as to proper construction of similar wording Judges: Colman J Citations: Unreported, 12 … Continue reading India Steamship Co Ltd v Arab Potash Co Ltd: ComC 12 Dec 1997

Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited: TCC 20 Mar 1998

‘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’. Judges: His Honour Judge Humphrey Lloyd Qc Citations: [1998] 3 All ER 730 Statutes: Arbitration Act 1996 68 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Kye Gbangbola and Lisa Lewis v Smith Sherriff Limited: TCC 20 Mar 1998

Stati and Others v The Republic of Kazakhstan: CA 10 Aug 2018

Appeal from an order setting aside a notice of discontinuance filed by the Appellants as claimants in proceedings under section 101 of the Arbitration Act 1996 to enforce a New York Convention award. He directed that the allegations made by the Respondent of fraud by the Appellants in respect of the award should proceed to … Continue reading Stati and Others v The Republic of Kazakhstan: CA 10 Aug 2018

Mercato Sports (UK) Ltd and Another v The Everton Football Club Company Ltd: ChD 12 Jul 2018

Claim by football agent for commission under implied contract on facilitating the signing of a player by the club. Judges: Eyre QC HHJ Citations: [2018] EWHC 1567 (Ch) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration, Contract Updated: 25 April 2022; Ref: scu.619896

Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions Ag (M/Y Palladium): ComC 9 May 2018

Application under section 45 of the Arbitration Act 1996 for determination by the court of a question of law arising in the course of an arbitration, namely whether an arbitration claim under a shipbuilding contract has been settled in without prejudice correspondence between the parties’ solicitors. Judges: Males J Citations: [2018] EWHC 1056 (Comm) Links: … Continue reading Goodwood Investments Holdings Inc v Thyssenkrupp Industrial Solutions Ag (M/Y Palladium): ComC 9 May 2018

STA v OFY: ComC 8 Jun 2021

Application by the Government of STA (‘STA’) under CPR r. 62(9) for an extension of time to bring a challenge under s. 68 Arbitration Act 1996 (‘the Act’) in respect of a Final Award Judges: Mr Justice Butcher Citations: [2021] EWHC 1574 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 15 April 2022; Ref: … Continue reading STA v OFY: ComC 8 Jun 2021

Reliance Industries Ltd and Another v The Union of India: ComC 16 Apr 2018

T The Claimants made nine challenges to parts of an arbitration award made variously under the provisions of sections 67, 68 and 69 of the 1996 Act. Judges: Popplewell J Citations: [2018] EWHC 822 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 68 69 Jurisdiction: England and Wales Arbitration Updated: 13 April 2022; Ref: scu.609096

Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

Arbitration jurisdiction applications stayed The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was now asked to decide was whether the English court … Continue reading Soleymani v Nifty Gateway Llc: ComC 24 Mar 2022

Seabridge Shipping AB v AC Orssleff’s EFtF’s A/S: QBD 1999

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 … Continue reading Seabridge Shipping AB v AC Orssleff’s EFtF’s A/S: QBD 1999

McNicholas Plc v AEI Cables Limited: TCC 25 May 1999

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, … Continue reading McNicholas Plc v AEI Cables Limited: TCC 25 May 1999

Vosnoc Ltd v Transglobal Projects Ltd: QBD 27 Aug 1997

A mere statement that a dispute was to be referred to arbitration, or a notice requiring a reference to arbitration, was not enough to constitute a reference to or commencement of an arbitration. Citations: Gazette 10-Sep-1997, Times 27-Aug-1997 Statutes: Arbitration Act 1996 12(3), Limitation Act 1980 34(3)(a) Jurisdiction: England and Wales Arbitration, Limitation Updated: 10 … Continue reading Vosnoc Ltd v Transglobal Projects Ltd: QBD 27 Aug 1997

R, Durtnell and Sons Ltd v Secretary of State for Trade and Industry: QBD 21 Jul 2000

When a party applies to the court to appoint an arbitrator, after some long delay, the court should consider whether first the dispute was likely to be resolved by the arbitration process, and second whether the delay was undue. The Act was intended to assist the process of arbitration, and should be used accordingly. In … Continue reading R, Durtnell and Sons Ltd v Secretary of State for Trade and Industry: QBD 21 Jul 2000

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

Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: QBD 23 Feb 2001

Parties submitting a dispute to arbitration have the power also to agree that neither should have the power to challenge the decision of the arbitrator in court. That had been the position at common law, and this had survived the Act. The agreement can be ad hoc and informal. Citations: Times 23-Feb-2001 Statutes: Arbitration Act … Continue reading Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: QBD 23 Feb 2001