The claimant sought to enforce an international arbitration award against the defendant in respect of the provision of accommodation for Hajj pilgrims. A without notice order had been made to allow its enforcement, but that had been set aside. Held: When asked to review an arbitration award made internationally under the Convention, it was important … Continue reading Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan: CA 20 Jul 2009
Defamation allegation not subject to arbitration The parties had an agreement referring disputes between them to arbitration. One party raised an allegation of defamation, but the arbitrator refused jurisdiction. The parties had chosen the London Metal Exchange for its expertise in metals trading, not defamation. Held: The choice of the LME did indicate the intention … Continue reading S Ltd v C Ltd: ComC 27 Feb 2009
Orders were placed for the construction of ships. They were not delivered. The buyer, the defendant, cancelled the orders. The defendants sought the loss of profit. The claimants said they were entitled only to the repayment of instalments. The arbitrator found in favour of the purchaser. The yard appealed successfully. The purchaser now appealed in … Continue reading Stocznia Gdynia Sa v Gearbulk Holdings Ltd: CA 13 Feb 2009
The respondent insurers had been held liable in Washington, and had been granted indemnity against the appellants by the Court of Appeal. The insurance contract had been under the law of Pennsylvania, but that of the re-insurance under the law of England and Wales. Held: The claimant’s appeal succeeded. The re-insurance contract was governed by … Continue reading Lexington Insurance Co v AGF Insurance Ltd: HL 30 Jul 2009
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003
Implied promise to pay arbitral award The parties disputed how limitation affects the enforcement of an arbitration award. More than six years had passed since the award had been made, and the defendant said it was out of time. Held: A party can enforce an award either by ordinary action as an action founded upon … Continue reading National Ability Sa v Tinna Oils and Chemicals Ltd: CA 11 Dec 2009
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Treatment of Merchant as War Vessel The House considered when a merchant vessel may be treated on the same footing as a war vessel and be deemed to be engaged on a warlike operation. Held: This depended on the nature of the cargo and the voyage: ‘She was then in the act of proceeding in … Continue reading Yorkshire Dale Steamship Co Ltd v Minister of War Transport: HL 1942
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
The court was asked: ‘In circumstances where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off, does a reference to ‘claims’ or, alternatively, to ‘all disputes arising under the . .
The applicant, a Belgian butcher, paid a fine by way of settlement in the face of an order for the closure of his shop until judgment was given in an intended criminal prosecution or until such fine was paid.
Held: Since the payment was made . .
Challenge was brought against the fees charged by the arbitrator, and in particular at the cost of the arbitrator bringing in a legally qualified draftsman.
Held: A draftsman’s task would not be himself to refine the arbitrator’s reasoning, . .
The court was asked whether a binding contract had been concluded between an applicant for an investment in property bonds and the insurance company offering such bonds when, in response to an application form submitted by the applicant, accompanied . .
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
References: Unreported, 17 October 1997 Coram: Clarke J 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 … 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
References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
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Application to remove arbitrators. Judges: Andrew Smith J Citations: [2007] EWHC 927 (Admin) Statutes: Arbitration Act 1996 96 Jurisdiction: England and Wales Citing: See Also – 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 … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: Admn 20 Apr 2007
Judges: The Hon Mr Justice Tomlinson Citations: [2007] EWHC 2618 (Comm), [2007] ArbLR 18, [2008] 1 Lloyd’s Rep 360 Links: Bailii Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales Citing: See Also – Nasharty and others v J Sainsbury Plc ComC 30-Sep-2003 Application for stay of proceedings for arbitration. . . Lists of cited … Continue reading EL Nasharty v J Sainsbury Plc: ComC 13 Nov 2007
Application by the Claimant for a stay of part of the Defendant’s Counterclaim under section 9 of the 1996 Act and/or pursuant to the court’s inherent jurisdiction on the grounds that it relates to matters covered by an arbitration clause. In addition the Claimant seeks an order that the Defendant be debarred from relying on … Continue reading Guidance Investments Ltd v Guidance Hotel Investment Company Bsc: ComC 7 Nov 2013
Application for stay under the 1996 Act or alternatively under the Regulation. Judges: Gloster DBE J Citations: [2010] EWHC 2567 (Comm), [2011] ILPr 13, [2011] 1 Lloyds Rep 252 Links: Bailii Statutes: Council Regulation (EC) 44/2001, namely the Jurisdiction and Judgments Regulation 2, Arbitration Act 1996 9 Jurisdiction: England and Wales European, Arbitration Updated: 12 … Continue reading Claxton Engineering Services Ltd v TXM Olaj-Es Gazkutato Kft: ComC 15 Oct 2010
The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007. Held: The defendant had agreed to a binding arbitration. The claimant was enttled to the injunctive … Continue reading Sheffield United Football Club Ltd v West Ham United Football Club Plc: ComC 26 Nov 2008
The claimant had purchased the interests of a failed Formula One car racing team, including, it said, the right to enter a team in Formula One races. It claimed to have been unlawfully excluded from racing. Held: The claimant had failed to comply with the requirements imposed upon participants, and was not entitled to race. … Continue reading Phoenix Finance Limited v Federation Internationale De L’automobile, Formula One Management Limited, Formula One Administration Limited: ChD 22 May 2002
The sixth defendant resisted a claim against it saying that matters between them were governed by a framework agreement which provided for matters to be resolved by arbitration. The claimant resisted, denying the arbitration agreement and saying that the defendant was out of time to make such a claim. Held: Two arguments were directed to … Continue reading Bilta (UK) Ltd (In Liquidation) v Nazir and Others: ChD 17 May 2010
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
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
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
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
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
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
Whether debarred from containing a compulsory stay – steps taken? Judges: HHJ Richard Williams (Sitting as a Judge of the High Court) Citations: [2022] EWHC 496 (Ch) Links: Bailii Statutes: Arbitration Act 1996 9 Jurisdiction: England and Wales Arbitration Updated: 10 April 2022; Ref: scu.674534
Application for stay of arbitration. Colman J explored the correct approach where matters are raised under s9(4): ‘Where the court takes the course of deciding the matter [under s9(4)], the Court of Appeal, again in the Al-Naimi case, indicated that the court should direct a trial where there are triable issues on the facts material … Continue reading A v B: ComC 28 Jul 2006
Aikens LJ explained: ‘It is necessary first to analyse the structure of section 9(1) and (4) of the AA 1996, to see where the burden lies and what standard of proof is required when there is an application for a stay of proceedings because one side asserts that two parties are bound by an arbitration … Continue reading Joint Stock Company ‘Aeroflot-Russian Airlines’ v Berezovsky and Others: CA 2 Jul 2013
Appeal against a decision staying the Appellants’ claim against the Respondents for trade mark infringement and passing off pursuant to the power contained in Section 9 of the Arbitration Act 1996. The appeal raises a number of issues of conflict of laws in relation to arbitration agreements and the assignment of trade marks. Judges: Lord … Continue reading Lifestyle Equities Cv and Another v Hornby Street (MCR) Ltd and Others: CA 26 Jan 2022
Application by the defendant to stay these proceedings pursuant to section 9(1) of the Arbitration Act 1996 Judges: Coulson J Citations: [2017] EWHC 319 (TCC) Links: Bailii Statutes: Arbitration Act 1996 9(1) Jurisdiction: England and Wales Arbitration Updated: 04 February 2022; Ref: scu.577849
The issue on this appeal is whether, and if so in what way, the stay provisions in section 9 of 1996 Act apply to a petition to wind up a company on the ground of its inability to pay its debts where the debt on which the petition is based arises out of contract containing … Continue reading Salford Estates (No2) Ltd v Altomart Ltd: CA 8 Dec 2014
Arrangements between the parties owners and operators of a power plant in Kazakhstan required disputes to be arbitrated in London under ICC Rules. That clause was governed by English law, and the remainder by Kazakh law. A ruling by the Supreme Kazakh Court declared the arbitration clause invalid. The contractor began arbitration proceedings in England … Continue reading UST-Kamenogorsk Hydropower Plant Jsc v AES UST-Kamenogorsk Hydropower Plant Llp: SC 12 Jun 2013
The claimant sought a stay of the matter and a consolidated arbitration. The defendant said that the litigation having been started by the claimant it was too late to refer the issues to arbitration. Held: Correspondence between the parties clearly acknowledged the contract and therefore the arbitration clause included, and the breach had not been … Continue reading Delta Reclamation Ltd v Premier Waste Management Ltd: QBD 24 Oct 2008
Application by the Eleventh Party, to strike out allegations of breaches of Article 101 TFEU which are made against it by the defendants in this action or for summary judgment in its favour on the points. In addition Ericsson applied to stay a . .
Judges: Colman J Citations: [2006] EWHC 1055 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 21 January 2023; Ref: scu.241757
The Claimant sought under s. 67 Arbitration Act 1996 the setting aside of a decision of the arbitral panel in a London-seated arbitration, together with declarations as to the lack of standing of what it described as the former management of the Defendant company to manage and control that company. Judges: Mr Justice Butcher Citations: … Continue reading The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021
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: ComC 27 Jul 2001
The parties had entered into an arbitration agreement which purported to be subject to the Act, but applying the laws and practices of the Jewish Beth Din. Citations: [2005] 1 Lloyds Rep 397 Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Cited by: Cited – Halpern and Another v Halpern and others ComC 24-Mar-2006 The … Continue reading Kestner v Jason: 2005
Judges: Simon J Citations: [2007] EWHC 2851 (Comm), [2007] ArbLR 13 Links: Bailii Statutes: Arbitration Act 1996 67(1)(a) Jurisdiction: England and Wales Arbitration, Jurisdiction Updated: 07 December 2022; Ref: scu.261823
Judges: Langley J Citations: [2005] EWHC 2912 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69(2) 69(3) Jurisdiction: England and Wales Arbitration Updated: 06 December 2022; Ref: scu.236585
Judges: Sir Ross Cranston Citations: [2021] EWHC 472 (Comm) Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales Arbitration Updated: 04 December 2022; Ref: scu.660089
Judges: Andrew Smith J Citations: [2007] EWHC 195 (Comm), [2007] ArbLR 21, [2007] 1 Lloyd’s Rep 382 Links: Bailii Statutes: Arbitration Act 1996 32 Jurisdiction: England and Wales Arbitration, Banking Updated: 04 December 2022; Ref: scu.248952
Application for a declaration that an insurance contract did not include an effective insurance contract. Judges: The Honourable Mrs Justice Gloster Citations: [2006] EWHC 216 (Comm), [2006] ArbLR 7 Links: Bailii Statutes: Arbitration Act 1996 7291)(a) Jurisdiction: England and Wales Arbitration Updated: 25 November 2022; Ref: scu.245702
Admissibility in forthcoming trial of correspondence said to be without prejudice: ‘That relates to the without prejudice negotiations that led to the settlement of the arbitration between Webinvest and the third party. The judge held that Mr Shlosberg had waived any privilege relating to those negotiations. I disagree. All he said in his evidence was … Continue reading Avonwick Holdings Ltd v Webinvest Ltd and Another: CA 17 Oct 2014
Judges: Mr Justice Picken Citations: [2022] EWHC 1645 (Comm), [2022] WLR(D) 286, [2022] Bus LR 726 Links: Bailii, WLRD Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 23 November 2022; Ref: scu.678814
Enforcement of arbitration award – state immunity Judges: Henshaw J Citations: [2021] EWHC 894 (Comm), [2021] WLR(D) 203 Links: Bailii, WLRD Statutes: State Immunity Act 1978, Arbitration Act 1996 Jurisdiction: England and Wales Arbitration, International Updated: 22 November 2022; Ref: scu.662363
Citations: [2007] EWCA Civ 1148, [2007] ArbLR 57, [2008] Bus LR 858 Links: Bailii Statutes: Arbitration Act 1996 69 Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.261315
Security for claims against a guarantor in the context of two bareboat charterparties and associated guarantees. Judges: Mrs Justice Cockerill DBE Citations: [2021] EWHC 551 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69 Jurisdiction: England and Wales Transport, Arbitration Updated: 20 November 2022; Ref: scu.660090
Application pursuant to section 68 of the Arbitration Act 1996 to set aside an arbitration award for serious irregularity. Judges: Mr Justice Hamblen Citations: [2012] EWHC 2894 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 20 November 2022; Ref: scu.465469
Application on the part of the Defendants, Holystone Overseas Ltd to vary an order for a freezing injunction obtained by the claimant Pacific Maritime (Asia) Ltd pursuant to section 44 (3) of the Arbitration Act 1996 Judges: Christopher Clarke J Citations: [2007] EWHC 2319 (Comm), [2007] ArbLR 46 Links: Bailii Statutes: Arbitration Act 1996 44(3) … Continue reading Pacific Maritime (Asia) Ltd v Holystone Overseas Ltd: ComC 11 Oct 2007
The dispute between the parties centred on the entitlement of the Charterers, the Applicants, to cancel a charterparty Judges: The Hon Mr Justice Morison Citations: [2006] EWHC 3250 (Comm), [2007] 2 Lloyd’s Rep 223 Links: Bailii Statutes: Arbitration Act 1996 68(2)(a) 69 Jurisdiction: England and Wales Transport Updated: 20 November 2022; Ref: scu.376027
Three applications before the Court relating to the validity and enforcement of a London arbitration award by which the Arbitrator awarded the Claimant (‘Terna’) AED 84,285,282, together with interest and costs, against the three individual Respondents (‘the Bin Kamils’). By a Claim Form the Bin Kamils seek to challenge the Award for lack of jurisdiction … Continue reading Terna Bahrain Holding Company Wll v Al Shamsi and Others: ComC 22 Nov 2012
Judges: His Honour Judge Mark Pelling QC Citations: [2020] EWHC 3045 (Comm) Links: Bailii Statutes: Arbitration Act 1996 33 68(2) 73 Jurisdiction: England and Wales Costs, Arbitration Updated: 18 November 2022; Ref: scu.682743
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003
The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head charterers. Construction of the meaning and effect of an off-hire clause contained in a time charter. Held: … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013
Appeal against summary judgment given in action to enforce arbitration award. Citations: [2007] EWCA Civ 316 Links: Bailii Statutes: Housing Grants Construction and Regeneration Act 1996 Jurisdiction: England and Wales Construction Updated: 10 November 2022; Ref: scu.251381
Whether the failure of a party to comply with a term of an arbitration agreement that the parties should first seek to mediate a settlement of their dispute before referring the dispute to arbitration results in the arbitral tribunal not having jurisdiction to hear the dispute at all (so as to be susceptible to challenge … Continue reading NWA and Another v NUF and Others: ComC 8 Oct 2021
The claimant challenged the arbitration for serious irregularity. Judges: Teare J Citations: [2011] EWHC 93 (Comm), [2011] ArbLR 3 Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales Arbitration Updated: 06 November 2022; Ref: scu.428540
Application to enforce arbitration award. Judges: Waller LJ, Dyson LJ Citations: [2007] EWCA Civ 527 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996, Construction Contracts (England and Wales) Regulations 1998 Jurisdiction: England and Wales Construction Updated: 06 November 2022; Ref: scu.253258
Citations: [2012] EWCA Civ 996, [2012] WLR(D) 225 Links: Bailii, WLRD Statutes: Arbitration Act 1996 18 Jurisdiction: England and Wales Arbitration Updated: 03 November 2022; Ref: scu.463104
Appeal brought with leave under section 69 of the Arbitration Act 1996 against the award of three maritime arbitrators in a dispute under a voyage charterparty Judges: Popplewell J Citations: [2012] EWHC 1984 (Comm) Links: Bailii Jurisdiction: England and Wales Transport Updated: 03 November 2022; Ref: scu.462957
Judges: The Hon Mr Justice Butcher Citations: [2022] EWHC 2641 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 03 November 2022; Ref: scu.682072
One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers. Held: Because he has in effect become a statutory assignee of the promisee’s right of action against the promisor and because, by reason of the underlying policy of section 1(4), … Continue reading Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003
Citations: [2006] EWCA Civ 1737, [2007] BLR 67, [2007] BusLR D1, 114 Con LR 81 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 108(1) Jurisdiction: England and Wales Construction, Arbitration Updated: 31 October 2022; Ref: scu.247486
The parties had agreed for a ship to be built. The sellers now challenged an arbitral award, saying that the arbitrators did not have jurisdiction. Judges: David Steel J Citations: [2011] EWHC 164 (Comm), [2011] ArbLR 4, [2011] 2 All ER 789, [2011] 2 All ER (Comm) 789 Links: Bailii Statutes: Arbitration Act 1996 67 … Continue reading Nanjing Tianshun Shipbuilding Co Ltd v Orchard Tankers Pte Ltd: ComC 11 Feb 2011
The court set out the principles applicable in an application under section 68: ‘a) Perhaps the best summary of the applicable principles relating to section 68 generally, which lies at the heart of these applications is by His Honour Judge Humphrey Lloyd QC in Weldon Plant Ltd. v. The Commission for the New Towns [2000] … Continue reading Sinclair v Woods of Winchester Ltd Harrison: QBD 14 Jul 2005
The court considered the arbitration provisions of the Coffee Trade Federation. Judges: Sir John Thomas, Lloyd, Aikens LJJ Citations: [2012] EWCA Civ 637, [2013] Bus LR 158 Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 22 October 2022; Ref: scu.457755
The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012
Citations: [2006] EWHC 1360 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 14 October 2022; Ref: scu.242912
The Third Defendant sought a stay of the claims against it pursuant to section 9 of the Arbitration Act 1996, and the Seventh Defendant asked for a stay of the claims against it on case management grounds. Judges: Christopher Clarke J Citations: [2011] EWHC 587 (Comm), [2011] ArbLR 6 Links: Bailii Jurisdiction: England and Wales … Continue reading JSC BTA Bank v Ablyazov and Others: ComC 28 Mar 2011
Appeal against refusal to set aside arbitration award. Judges: Males J Citations: [2018] EWHC 3431 (Comm) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 11 October 2022; Ref: scu.631342
Judges: Lord Justice Popplewell Lord Justice Birss And Lord Justice Snowden Citations: [2022] EWCA Civ 1297 Links: Bailii Statutes: Arbitration Act 1996, Consumer Rights Act 2015, Civil Jurisdiction and Judgments Act 1982 Jurisdiction: England and Wales Arbitration, Consumer, Jurisdiction Updated: 07 October 2022; Ref: scu.681445
Judges: Gloster J DBE Citations: [2006] EWHC 1044 (Comm) Links: Bailii Statutes: Arbitration Act 1996 79 Jurisdiction: England and Wales Arbitration Updated: 06 October 2022; Ref: scu.241755
The claimant, who owned a holiday mobile home on the respondent’s site challenged the raising of site fees, saying that the contract was unfair. Previously all site fees were equal within the site, but the respondent had introduced a scheme which reflected the differing grades of pitches. The judge had rejected her argument that the … Continue reading Du Plessis v Fontgary Leisure Parks Ltd: CA 2 Apr 2012
The court heard applications in adjudication enforcement proceedings between consultants and their employer, issues being raised about the extent to which the construction contract between the parties was in writing for the purposes of Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (‘HGCRA’) and in relation to the extent and scope of … Continue reading Sprunt Ltd v London Borough of Camden: TCC 6 Dec 2011
The defendant creditor had obtained an adjudicator’s decision against the debtor on its final account claim, but the debtor had little notice of the adjudication. At the application to set aside the statutory demand, Mr Parke had already commenced proceedings in the TCC arguing that the true final account showed a balance payable in his … Continue reading Parke v The Fenton Gretton Partnership: ChD 2 Aug 2000
A bond contained an arbitration clause subject to a further clause giving the claimant an ‘exclusive right at its option to apply to the courts of England to settle any disputes which may arise out of or in connection with these presents’. The defendants started an arbitration challenging the claimant’s assertion that events of default … Continue reading Law Debenture Trust Corporation Plc v Elektrim Finance Bv and others: ChD 1 Jul 2005
The Court was asked whether there was power under section 66 of the 1996 Act to order judgment to be entered in the terms of an arbitral award in a case where the award is declaratory in form and more particularly where it takes the form of a negative declaration, i.e. a declaration that the … Continue reading West Tankers Inc v Allianz Spa and Another: CA 24 Jan 2012
The parties had a dispute arbitrated by the Beth Din, who ordered the sale of a property. In apparent breach of that order the owner purported to sell the property. The claimant had registered a caution which the defendants now sought to be vacated. Held: Provisional awards by arbitrators were not directly enforceable unless the … Continue reading Kastner v Jason, Sherman, Sherman and Sherman, Sherman and Kastner: ChD 23 Mar 2004
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term ‘vendor’ had been defined without including her successors in title. Held: The court considered the construction of the clause … Continue reading Margerison v Bates and Another: ChD 30 May 2008
The court heard an appeal as to a point of principle and practice in relation to the granting of freezing orders in aid of the process of execution of an arbitration award. Judges: Ward, Tomlinson LJJ Citations: [2011] EWCA Civ 1040, [2011] ArbLR 29, [2012] 1 Lloyd’s Rep 6, [2012] 1 All ER (Comm) 223, … Continue reading Mobile Telesystems Finance Sa v Nomihold Securities Inc: CA 1 Sep 2011
A party had been refused leave to appeal against an arbitration under the Act by the judge, but later obtained leave to appeal. Held: Such leave could only be granted by the trial judge, and the Court of Appeal could set aside the leave granted in excess of jurisdiction. The parties had argued that the … Continue reading Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the reference and of making numerous errors of law, in respect of each of which they were obviously … Continue reading Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011
Court Service Enforcement of an adjudicator’s decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of Shepherd v Mecright; applicability of Unfair Terms in Consumer Contracts Regulations 1999. Held: The contract was governed by an adjudication clause, the adjudicator had jurisdiction to determine whether … Continue reading Westminster Building Company Ltd v Beckingham: TCC 20 Feb 2004
The claimants were main contractors on a construction project. The respondents were sub-contractors. After difficulties, the sub-contractor was ejected from the site. The issue was as to the jurisdiction of the adjudicator. Was the project, to create a sewage station, a ‘construction operation’ within the Act? Held: The sum was due under the contract irrespective … Continue reading Parsons Plastics (Research and Development) Ltd v Purac Ltd: CA 12 Apr 2002
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003
Many businesses, having been ordered to suspend business during the Covid-19 epidemic, sought to claim under business interruption insurance. The claims were rejected by the insurers and the insurers now appealed from a finding that they had been liable under a variety of clauses. Held: The appeal failed.‘ A disease that spreads is not something … Continue reading The Financial Conduct Authority and Others v Arch Insurance (UK) Ltd and Others: SC 15 Jan 2021
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008
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
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
