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
Construction Contract – Adjudication – Enforcement – Summary Judgment – Whether jurisdiction of English court ousted by foreign exclusive jurisdiction clause – Housing Grants, Construction and Regeneration Act 1996, ss. 104, 108, 114 – 2005 Hague Convention, arts.6 (c), 7 Judges: His Honour Judge Hodge QC Citations: [2021] EWHC 356 (TCC), 196 Con LR 159, … Continue reading Motacus Constructions Ltd v Paolo Castelli Spa: TCC 22 Feb 2021
Judges: Mr Justice Picken Citations: [2022] EWHC 1953 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 23 August 2022; Ref: scu.679873
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 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
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
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
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
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
The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant. Held: Paragon Finance overruled the whole of the decision in Hayes v. Dowding and that the commentary in Phipson more … Continue reading Farm Assist Ltd v Secretary of State for Environment Food and Rural Affairs: TCC 12 Dec 2008
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
Application to remit award. Judges: Sales J Citations: [2008] EWHC 2925 (Ch) Links: Bailii Statutes: Arbitration Act 1996 868 Jurisdiction: England and Wales Arbitration Updated: 21 July 2022; Ref: scu.278842
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 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
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
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
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
The parties owned either half of a semi-detached residence. The defendant had undertaken substantial redevelopment works, and the claimant sought damages under the 1996 Act for his failures to follow that Act. The issues had been taken to arbitration. Held: The claimants had not shown that there was any threat to their building and were … Continue reading Rodrigues v Sokal: TCC 30 Jul 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
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
‘This application raises a short but important issue as to the propriety of a reference to adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (‘the 1996 Act’) of a dispute which, at the time of the reference, is already the subject of pending court proceedings. It is contended on … Continue reading Herschel Engineering Ltd v Breen Property Ltd: TCC 14 Apr 2000
The employer received a notice of non-completion from his architect, and in turn served a notice on the contractor under section 111, and deducted damages for non-completion from the next payment. The contractor said this was not allowed because the architect had in the meantime granted an extension. Held: The contract should be construed in … Continue reading Reinwood Ltd v L Brown and Sons Ltd: HL 20 Feb 2008
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
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
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
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
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006
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
The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on his part to allow such an order. Held: ‘It is not a requirement … Continue reading BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005
Citations: [2004] EWHC 3319 (TCC) Links: Bailii Statutes: Arbitration Act 1996 6991) Construction, Arbitration Updated: 04 July 2022; Ref: scu.235377
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005
Claims following explosion on ship – dangerous cargo. Judges: Aikens J Citations: [2005] EWHC 2399 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67, Carriage of Goods by Sea Act 1992 2(1)(a) Transport Updated: 04 July 2022; Ref: scu.234542
Challenge under s67 of the Arbitration Act 1996 to arbitrator’s jurisdiction Judges: Burton J Citations: [2010] EWHC 195 (Comm), [2010] 2 Lloyd’s Rep 209 Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 29 June 2022; Ref: scu.396750
Citations: [2005] EWHC 92 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 29 June 2022; Ref: scu.222220
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
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
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
Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract. Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A professional person acting as arbitrator is bound by the principles of natural justice just as would be a judge … Continue reading AMEC Capital Projects Ltd v Whitefriars City Estates Ltd: CA 28 Oct 2004
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
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
Judges: Tomlinson J Citations: [2006] EWHC 1722 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Arbitration Updated: 11 June 2022; Ref: scu.245193
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
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
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
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
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
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
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
The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 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
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
In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was … Continue reading Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001
Judges: Mr Justice Foxton Citations: [2022] EWHC 331 (Comm) Links: Bailii Statutes: Arbitration Act 1996 44 Jurisdiction: England and Wales Arbitration Updated: 30 May 2022; Ref: scu.677565
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
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
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
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
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
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
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
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
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005
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
PC (New Zealand) Costs were sought against a non-party, following an earlier determination by the Board. Held: Jurisdiction to make such an order was not complete. Where the order sought was against a non-party (and, indeed, the first such order to be sought in the proceedings), it is supplemental to the judgment already pronounced and … Continue reading Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2): PC 21 Jul 2004
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
Contracts were entered into to design, engineer and supply equipment for installation on oil and gas rigs. The contractor sought to assert that these were contracts governed by the Act, and the provisions for dispute resolution applied. The court held that the act suggested that the construction was to take place on ‘the Land’ and … Continue reading Staveley Industries Plc (T/A Ei Whs) v Odebrecht Oil and Gas Services Ltd: TCC 8 Mar 2001
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
Whether defendant appointed surveyors had jurisdiction to make award under the 1996 Act. Judges: Mr Justice Eyre Citations: [2022] EWHC 209 (QB) Links: Bailii Statutes: Party Wall etc Act 1996 Jurisdiction: England and Wales Arbitration Updated: 20 April 2022; Ref: scu.671991
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
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
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, … Continue reading Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004
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
The ‘Barito’) Application for permission to serve an arbitration claim form out of the jurisdiction on the First and Second Defendants and for an interim ‘anti-arbitration’ injunction to restrain the Second Defendant from pursuing arbitration proceedings in Singapore. Popplewell J also carefully explored the burden and standard of proof, and the correct weight to be … Continue reading Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd and Another: ComC 16 May 2013
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
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
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 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
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
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
One neighbour had carried out construction on the boundary with the other. The parties now disputed the damages to be awarded on arbitration, and whether the notice of the award had been properly serve by email. Patten, Hamblen, Henderson LJJ [2018] EWCA Civ 237, [2018] 3 All ER 505, [2018] WLR(D) 108, [2018] 1 WLR … Continue reading Knight v Goulandris: CA 20 Feb 2018
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
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
Burton J [2015] EWHC 3158 (Comm) Bailii Arbitration Act 1996 67 Arbitration Updated: 06 January 2022; Ref: scu.554583
Lord Justice Ward [2002] EWCA Civ 270, [2002] TCLR 21, [2002] BLR 217, [2002] CLC 905, [2002] CILL 1841, [2002] 1 WLR 2344, (2002) 18 Const LJ 425, 83 Con LR 99 Bailii Housing Grants, Construction and Regeneration Act 1996 England and Wales Construction, Arbitration Updated: 03 January 2022; Ref: scu.654551
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
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
