A barrister, appointed to act in an arbitration, was not to be prevented from acting, because another barrister in the same set acted for one of the parties. The conditions for removal of an arbitrator was as to the objective presence of bias. Judges: Rix J Citations: Times 21-May-1999, [2000] 1 WLR 113, [1999] 2 … Continue reading Laker Airways Inc v FLS Aerospace Ltd and Another: ComC 21 May 1999
The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. Citations: Gazette 16-Jul-1997, Times 13-Oct-1997, [1998] 1 Lloyd’s Rep 465 Statutes: Arbitration Act 1996 9(4) … Continue reading Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997
Where a dispute was substantially factual a question as to whether an application to refer the matter to an arbitrator was out of time should itself be dealt with by arbitrators rather than by the High Court. Citations: Times 20-Jul-1998 Statutes: Arbitration Act 1996 Arbitration Updated: 08 April 2022; Ref: scu.81049
Landlord’s application in their claim under the 1996 Act to challenge a final award in an arbitration against their tenant concerning notices, two to remedy, and two to quit, two holdings. Judges: Paul Matthews HHJ Citations: [2017] EWHC 2331 (Ch) Links: Bailii Statutes: Arbitration Act 1996, Agricultural Holdings Act 1986 Jurisdiction: England and Wales Landlord … Continue reading Smyth-Tyrrell and Another v Sowden: ChD 14 Jul 2017
‘A book has been cited to me: Harris Plantrose and Teck on the Arbitration Act 1996 . It explains, without giving its source, those words ‘not covered by legal provisions’. What is said is that those words were inserted to take account of particular situations in the Netherlands, Portugal and, it is believed, also Spain, … Continue reading Zealander and Zealander v Laing: 19 Mar 1999
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
Judges: Matthews HHJ Citations: [2017] EWHC 2477 (Ch) Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration Updated: 31 March 2022; Ref: scu.597473
Two applications by the claimant, which by these proceedings seeks to enforce under the New York Convention and s.101 of the Arbitration Act 1996 an arbitration award dated 14 November 2014 in an ICC arbitration seated in Paris. Judges: Andrew Baker J Citations: [2017] EWHC 797 (Comm), [2017] WLR(D) 267 Links: Bailii, WLRD Jurisdiction: England … Continue reading Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd: ComC 11 Apr 2017
Application under s. 68(2)(d) of the Arbitration Act 1996 in which the Claimant alleges serious irregularity in the Award of an arbitral tribunal because the tribunal failed to deal with all the issues that were put it. Judges: Jefford J Citations: [2017] EWHC 348 (TCC) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 23 March … Continue reading Symbion Power Llc v Venco Imtiaz Construction Company: TCC 10 Mar 2017
Judges: Mr Justice Hamblen Citations: [2012] EWHC 166 (Comm), [2013] Bus LR D9 Links: Bailii Statutes: Arbitration Act 1996 69 70(4) Jurisdiction: England and Wales Arbitration Updated: 23 March 2022; Ref: scu.451217
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. Held: The court granted leave to appeal but dismissed the appeal itself. Section 44 gave the court the … Continue reading Cetelem Sa v Roust Holdings Ltd: CA 24 May 2005
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
Judges: Knowles CBE J Citations: [2017] EWHC 116 (Comm), [2017] WLR(D) 69 Links: Bailii, WLRD Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Transport Updated: 31 January 2022; Ref: scu.575362
Application for removal of arbitrator. Held: Rejected as to impartiality. Judges: Popplewell J Citations: [2017] EWHC 137 (Comm), [2017] WLR(D) 108 Links: Bailii, WLRD Statutes: Arbitration Act 1996 24(1)(a) Jurisdiction: England and Wales Arbitration Updated: 31 January 2022; Ref: scu.575366
Claimant’s application for leave to withdraw request for injunction to prevent publication of stories regarding matters subject to non-disclosure agreements. Held: Granted. An junction had been granted, but Lord Hain had disclosed protected name in the House of Lords under the cover of parliamentary privilege. Warby J [2019] EWHC 223 (QB) Bailii England and Wales … Continue reading Arcadia Group Ltd and Others v Telegraph Media Group Ltd: QBD 8 Feb 2019
Application for an order under section 44 Sir William Blackburne [2015] EHWC 483 (Ch) Bailii Arbitration Act 1996 44 England and Wales Arbitration Updated: 23 January 2022; Ref: scu.570004
Application by the Claimants, who were receivers of a steel cargo, for a declaration that their claim against the Respondents, who were the owners of the carrying ship, is not time-barred. In the alternative, the Claimants seek an extension of time to commence arbitration proceedings pursuant to Section 12 of the Arbitration Act 1996. David … Continue reading Thyssen Inc v Calypso Shipping Corp Sa: ComC 23 Jun 2000
The parties had submitted their dispute to arbitration. The arbitrator had made his award payable in certain currencies. The payer contended that this was in excess of his jurisdiction. Held: The reference to the arbitrator continued the jurisdiction given to the engineer under the earlier stage of the dispute. The contract stipulated the currencies in … Continue reading Lesotho Highlands Development Authority v Impreglio SpA and Others: QBD 15 Nov 2002
The question of law which arises on these arbitration appeals is as follows: ‘Where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for … Continue reading Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016
The court considered the circumstances under which a withdrawal of a case might be challenged: ‘(1) the rules do not prescribe any particular test for permitting discontinuance or, for that matter, for setting aside a notice of discontinuance; (2) a claimant’s desire to bring proceedings to an end where there is no counterclaim should be … Continue reading Singh v The Charity Commission and Others: ChD 22 Dec 2016
The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer. Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the time charter for IBG’s acts or omissions in the conduct of cargo handling operations at the … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016
Appeal against refusal of order that the ICC did not have jurisdiction to hold a proposed arbitration between the parties. Moore-Bick VP CA, Lewison, Hayden LJJ [2015] EWCA Civ 1171 Bailii Arbitration Act 1996 England and Wales Arbitration Updated: 06 January 2022; Ref: scu.554673
Burton J [2015] EWHC 3158 (Comm) Bailii Arbitration Act 1996 67 Arbitration Updated: 06 January 2022; Ref: scu.554583
Reasons for refusal of relief under section 44. Phillips J [2015] EWHC 2196 (Comm) Bailii Arbitration Act 1996 44 Arbitration Updated: 03 January 2022; Ref: scu.550889
Application by S, a Russian businessman, to strike out a challenge to an award brought by K pursuant to sections 67 and 68 of the Arbitration Act 1996. The ground of the application to strike out is that the applications pursuant to sections 67 and 68 of the Arbitration Act 1996 (jurisdiction and serious irregularity) … Continue reading K v S: ComC 9 Jul 2015
Challenge to arbitration award – made without jurisdiction. Held: Rejected. Mr. A signed the 2008 Agreement. Article 2.10 of that agreement contained an arbitration clause which bound Mr. A and conferred jurisdiction on the LCIA tribunal. The application under section 67 of the Arbitration Act 1996 must therefore be dismissed. Teare J [2015] EWHC 1944 … Continue reading A v B: ComC 9 Jul 2015
Application under section 67 of the Act, seeking to set aside a final merits award of an ICC Tribunal [2015] EWHC 1452 (Comm) Bailii Arbitration Act 1996 England and Wales Arbitration Updated: 30 December 2021; Ref: scu.546999
Mrs Justice Moulder [2021] EWHC 628 (Comm) Bailii Arbitration Act 1996 67 68 England and Wales Arbitration Updated: 30 December 2021; Ref: scu.667382
The Claimant applied under s.67 of the 1996 Act to set aside the First Final Arbitration Award and for a declaration that the Tribunal was not properly constituted. Hamblen J [2015] EWHC 194 (Comm) Bailii Arbitration Act 1996 67 Arbitration Updated: 27 December 2021; Ref: scu.542273
Appeal from an award under the 1996 Act. Teare J [2014] EWHC 4176 (Comm) Bailii Arbitration Act 1996 Arbitration Updated: 24 December 2021; Ref: scu.539961
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
Application for stay – suggestion that agreement for arbitration. Akenhead J [2010] EWHC 3415 (TCC) Bailii Arbitration Act 1996 England and Wales Arbitration Updated: 20 December 2021; Ref: scu.427658
The Court was asked whether an arbitration clause in a P and I Club Letter of Undertaking was intended to replace the arbitration clauses incorporated into four bills of lading issued by the defendant shipowners for the carriage of a cargo of bagged rice. Males J [2014] EWHC 2654 (Comm) Bailii Arbitration Act 1996 32 … Continue reading Viscous Global Investment Ltd v Palladium Navigation Corporation ‘Quest’: ComC 30 Jul 2014
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The court was asked: ‘On a challenge to an arbitration award under section 67 of the Arbitration Act 1996, in what circumstances can the court prevent a party from relying on evidence which is relevant and admissible, but was not adduced before the arbitrators? Does it matter that the party who now seeks to rely … Continue reading Central Trading and Exports Ltd v Fioralba Shipping Company: ComC 16 Jul 2014
Application against arbitral award. Field J [2014] EWHC 2211 (Comm) Bailii Arbitration Act 1996 Arbitration Updated: 16 December 2021; Ref: scu.534121
Applications on behalf of the defendant for (i) security for costs pursuant to s70(6) of the Arbitration Act 1996 in relation to challenges made by the claimant to an arbitration award; and (ii) security for certain sums due under such award pursuant to s70(7) of the 1996 Act. Eder J [2014] EWHC 2146 (Comm) Bailii … Continue reading Konkola Copper Mines Plc v U and M Mining Zambia Ltd: ComC 2 Jul 2014
This unusual arbitration claim seeks to challenge under s.67 or s.68 of the Arbitration Act 1996 (‘the Act’) a Consent Award dated 9 May 2017 by which an LCIA arbitration between the parties, LCIA Ref. 163357 (‘Arbitration 1’), was concluded. Mr Justice Andrew Baker [2021] EWHC 2949 (Comm) Bailii Arbitration Act 1996 67 68 England … Continue reading Minister of Finance (Incorporated) and Another v International Petroleum Investment Company and Another: ComC 4 Nov 2021
The Elections Commissioner had sought, some time after his order on a petition, to clarify the order from costs. Held: The Commissioner, and in turn Keith J, had been wrong to consider themselves not bound by Muldoon. What Mr Cripps (the Commissioner) had purported to do went far beyond what the slip rule permitted so … Continue reading Regina v Cripps; Ex parte Muldoon: CA 1984
ambit of a permissible challenge to the validity of an arbitration award, under sections 67 and 68 of the Arbitration Act 1996 The Hon Mr Justice Tomlinson [2010] EWHC 1626 (Comm), [2010] 2 CLC 1, 132 Con LR 73, [2010] 2 Lloyds Rep 681, [2011] Bus LR D113 Bailii England and Wales Arbitration Updated: 11 … Continue reading B v A: ComC 1 Jul 2010
Mrs Justice Cockerill DBE [2021] EWHC 1094 (Comm), [2021] Bus LR 1375, [2021] WLR(D) 306 Bailii, WLRD Arbitration Act 1996 32 England and Wales Arbitration, Transport Updated: 10 December 2021; Ref: scu.663094
Flaux J [2014] EWHC 875 (Comm) Bailii Arbitration Act 1996 68 Arbitration Updated: 02 December 2021; Ref: scu.523435
Tomlinson, Ryder, Christopher Clarke LJJ [2014] EWCA Civ 356 Bailii Arbitration Act 1996 100 101 102 103 England and Wales Arbitration Updated: 02 December 2021; Ref: scu.523295
Application made pursuant to s.44 of the Arbitration Act 1996 by the applicant, EurOil Ltd., for an injunction in support of intended arbitration proceedings, the injunction being sought against Cameroon Offshore Petroleum SARL. Males J [2014] EWHC 12 (Comm) Bailii Arbitration Updated: 29 November 2021; Ref: scu.521117
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of services pending arbitration. The court now gave its reasons for refusing the injunction. Stuart-Smith J [2014] … Continue reading AB v CD: QBD 3 Jan 2014
Arbitration within a partnership. Peter Smith J [2013] EWHC 4035 (Ch) Bailii Arbitration Act 1996 England and Wales Arbitration Updated: 27 November 2021; Ref: scu.519224
Application for the appointment of an arbitrator pursuant to section 18 of the 1996 Act. Ramsey J [2013] EWHC 2356 (TCC), [2014] 1 Lloyd’s Rep 217 Bailii Arbitration Act 1996 18 England and Wales Arbitration Updated: 23 November 2021; Ref: scu.517355
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
Field J [2006] EWHC 1664 (Comm), [2006] ArbLR 20 Bailii Arbitration Act 1996 67 68 69 England and Wales Citing: See Also – 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. . . … Continue reading Econet Satellite Services Ltd v Vee Networks Ltd: ComC 13 Jul 2006
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
Loss of agent’s share for breach within LLP The court was asked whether the principle that a fiduciary (in particular, an agent) who acts in breach of his fiduciary duties can lose his right to remuneration, is capable of applying to profit share of a partner in a partnership or a member of a limited … Continue reading Hosking v Marathon Asset Management Llp: ChD 5 Oct 2016
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
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
kaneira)ecbComc0514 The claimant, a professional cricketer disciplined for alleged match fixing, sought to challenge the results of an arbitration of his dispute with the respondent. He alleged a serious irregularity in that the Arbitral Panel had exceeded its powers in the punishments imposed. Held: The application for leave was refused. Though he was bound by … Continue reading Kaneria v The English and Wales Cricket Board Ltd: ComC 6 May 2014
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
Allegation of serious irregularity in arbitration. Held: The request was refused: ‘the present case can hardly be said to be an extreme case which justice calls out to be corrected.’.‘Arbitrators are not barred from asking a party whether it has considered raising a different case from that which it has advanced but section 33 of … Continue reading ED and F Man Sugar Ltd v Belmont Shipping Ltd: ComC 18 Nov 2011
The claimant had achieved a judgment in arbitration proceedings abroad against the respondent foreign government regarding contracts providing services for the Holy Places in Saudi Arabia. The contract made no express provision for the nationality of applicable law. The respondent had not been party itself to the contract. The ICC award, given according to French … Continue reading Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan: SC 3 Nov 2010
No appeal on facts from award The defendant ship owners sought to strike out the claimant’s appeal against an arbitration award to the extent that that appeal consisted of an appeal against the factual findings. The claimant argued that the parties had agreed that such an appeal would be possible, and that they had been … Continue reading Guangzhou Dockyards Co Ltd v Ene Aegiali I: ComC 5 Nov 2010
Alleged Serious Irregularity in Arbitration The claimant as tenant challenged an arbitration award alleging serious irregularities in the arbitration process under section 68 of the 1996 Act. The court considered whether at the time of service of the notice the land must then be required for use. Held: No serious irregularity was shown. Jarman QC … Continue reading Rees v Windsor-Clive and Others: ChD 11 Nov 2020
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies. Held: The question remained whether the arbitrator had exceeded its powers, not whether they had been wrongly exercised. An error of law … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: HL 30 Jun 2005
The owners of a ship sought to rescind charters saying that they had been procured by bribery. Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer to arbitration ‘any dispute arising under this charter’. The issue of … Continue reading Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov: HL 17 Oct 2007
Application by the Claimants for the removal of the Third Defendant as an arbitrator pursuant to s.24(1)(a) of the 1996 Act, on the grounds that circumstances exist that give rise to justifiable doubts as to his impartiality. The Defendants dispute the existence of such circumstances, and contend in the alternative that the Claimants have lost … Continue reading Sierra Fishing Company and Others v Farran and Others: ComC 30 Jan 2015
Y sought an order under section 70 of the 1996 Act that X provide security for Y’s costs of resisting X’s challenges (pursuant to sections 67 and 68 of the Arbitration Act 1996) to an award of London arbitrators and make a payment into court of the sum awarded by the arbitrators. Teare J [2013] … Continue reading X v Y: ComC 7 May 2013
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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 . .
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 . .
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, . .
Arbitration proceedings had been commenced betweeen the parties, and an order was sought under s244.
Held: Without such an order the insurers could suffer substantial losses before the arbitrator could itself make the necessary orders. The . .
. .
The claimant firm of solicitors worked to provide legal assistance through the Legal Aid scheme organised by the first defendants under a general civil contract. They sought to claim for damages for what was said to be an unlawful interference in . .
. .
Whilst the court of appeal did have a residual discretion to review a refusal by a judge of a grant of leave to appeal against an arbitration based upon an allegation of unfairness such as should undermine the fairness of the decision, that . .
The parties had been involved in an arbitration. The claimant sought leave to appeal. The judge refused to give leave, but did not say exactly why.
Held: Human Rights law required a right of appeal. That right could only be exercised properly . .
Where a party appealed against an arbitration to the County or High Court, the court which gave judgment was the sole body able to give permission to enter an appeal under the Act. An appellate court did not have jurisdiction to give leave to . .
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
The applicants sought to remove a sole arbitrator and to challenge a partial award for serious irregularity under section 68(1) of the Act. . .
Application to set aside order for enforcement here of an international arbitration award. . .
Challenge by the claimant under s.68 of the 1996 Act to an award entitled ‘Final Award on Merits’ founded on an assertion by TRK that the Tribunal awarded damages to the defendants by reference to an argument that the defendants had not advanced . .
Appeal from an arbitration award brought with leave involving a speed and consumption claim arising out of a time charterparty. . .
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 . .
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
An agreement giving to a ‘sole judge’ the power to make a final decision was effective, and there was no appeal from his decision. The defendant’s decision in his capacity as Convention administrator was as a final arbiter and was unreviewable. Held: The appeal was allowed. The agreement was unusual, but the decisions was final … Continue reading West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995
Actions to enforce arbitration awards were brought, each in the name of a ship-owning company. At the time of the arbitrations the assets of each company had vested in a trustee in bankruptcy appointed under New York law, but the trustee had persuaded the arbitrators that the companies were the proper claimants and had commenced … Continue reading International Bulk Shipping and Services Ltd v President of India and Another: CA 11 Dec 1995
The claimants appealed the district judge’s decision to rescind the reference to arbitration. Held: A point of law had arisen, and the decision made was one the judge could make of his own volition, and therefore no notice had been required. Citations: [1998] EWCA Civ 1778 Jurisdiction: England and Wales Citing: Cited – Regina v … Continue reading Slot v East Hants District Council: CA 17 Nov 1998
The plaintiff resisted an application for a stay of his action for an arbitration on the basis that his lack of funds would make it impossible to take part in an arbitration. Citations: [1973] QB 436 Jurisdiction: England and Wales Cited by: Cited – Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited CA … Continue reading Fakes v Taylor Woodrow Construction Limited: 1973
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
The plaintiff sought to appeal against a stay of his action so that it could be referred to arbitration. His claim was under insurance policies containing clauses providing for arbitration of disputes. Held: The judge had failed to take account of the fact that the claimant was receiving income support as an indication of his … Continue reading Malekout v Medical Sickness Annuity and Life Assurance Society Limited: CA 21 May 1998
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 House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are particular. There must be a good reason … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999
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
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: [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
Practice and Procedure – Postponement or Stay – Transfer/Hearing Together An employment judge had erred in law in deciding that he lacked jurisdiction to determine a claim under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) arising between the claimant and the insurer of the insolvent first respondent. The employment tribunal was … Continue reading Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019
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
The wife said that she had not got a good bargain in an agreement settling ancillary relief applications. Held: The court must have regard to s.25 of the Matrimonial Causes Act, but also to: ‘Conduct of the parties in all the circumstances . . (which) must include the fact of and the nature of an … Continue reading Dean v Dean: FD 1978
