Tag: Arbitration

Co-Operative Wholesale Society Ltd (Trading As CWS Engineering Group) v Birse Construction Ltd et Cetera: CA 23 Jul 1997

JCT terms not intended to protect sub-contractor against insolvency of the main contractor allowing claim against main employer.

Citations:

Gazette 23-Jul-1997, [1997] EWCA Civ 2062

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 26 November 2022; Ref: scu.79488

Novasen Sa v Alimenta Sa: ComC 27 Feb 2013

Arbitration appeal raising issues concerning the construction and application of the FOSFA Prohibition and Default Clauses, and the relevance of subsequent events to the assessment of damages in accordance with common law principles.

Judges:

Popplewell J

Citations:

[2013] EWHC 345 (Comm), [2013] Bus LR D79, [2013] 1 CLC 405, [2013] 2 All ER (Comm) 162, [2013] 1 Lloyd’s Rep 648

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Bunge Sa v Nidera Bv SC 1-Jul-2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 14 November 2022; Ref: scu.471225

Bunge Sa v Nidera Bv: ComC 29 Jan 2013

The Court was asked: ‘2.1 Is the application of the GAFTA prohibition clause limited to a case where it can be seen after the event that performance of the contract has in fact been prevented by the prohibition in question?
2.2. Does the GAFTA default clause exclude common law principles for the assessment of damages for anticipatory repudiatory breach and in particular (i) the principle of mitigation and/or (ii) the compensation principle identified in The Golden Victory [2007] 2 AC 353?
2.3. Is the ‘overriding compensatory principle’ established by The Golden Victory limited to instalment contracts?
2.4. Was the board wrong in law to conclude that the buyers’ rejection of the sellers’ offer to reinstate the contract did not constitute a failure to mitigate on the ground that the sellers did not offer to reinstate the contract on different and more favourable terms than contained in the original contract?’
Held: The Court dismissed the appeal on issues 2.1, 2.2 and 2.4. Clause 20 of GAFTA determined the measure of damages whether or not it produced a result corresponding to the common law and issue 2.3 did not arise.

Judges:

HamblenJ

Citations:

[2013] EWHC 84 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bunge Sa v Nidera Bv CA 12-Dec-2013
The court heard an appeal from an order upholding an award made by the Board of Appeal of the Grain and Feed Trade Association concerning the effect of the Prohibition clause in the GAFTA standard form of contract for delivery on f.o.b. terms of . .
At First Instance – Bunge Sa v Nidera Bv SC 1-Jul-2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 13 November 2022; Ref: scu.470708

Bunge Sa v Kyla Shipping Company Ltd: ComC 10 Dec 2012

Judges:

Flaux J

Citations:

[2012] EWHC 3522 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bank Line Ltd v Arthur Capel and Co HL 12-Dec-1918
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The . .

Cited by:

Appeal from – Kyla Shipping Company Ltd v Bunge Sa CA 20-Jun-2013
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 09 November 2022; Ref: scu.467262

Wallace v C Brian Barratt and Son Limited and Lock: CA 19 Mar 1997

The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or occupation of the whole or any part of the holding by virtue of farming the holding through a partnership. The individual partners were related and held most of the shares in the tenant company.
Held: There was no breach of the covenant since, among other things, the partnership activities were carried out as agent for the tenant company.

Citations:

[1997] EWCA Civ 1281, [1997] EGLR 1, (1997) 74 P and CR 408, [1997] EG 40

Links:

Bailii

Statutes:

Agricultural Holdings (Arbitration on Notice) Order 1987

Jurisdiction:

England and Wales

Cited by:

Cited – Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another Admn 14-Oct-2004
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted.
Held: The grants included the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Agriculture, Arbitration

Updated: 06 November 2022; Ref: scu.141677

Laker Airways Inc v FLS Aerospace Ltd: ComC 20 Apr 1999

The court was asked: ‘whether a barrister who has been appointed an arbitrator by one party to the arbitration should be removed by the court on the ground that another barrister from the same chambers has been instructed in the arbitration by the appointing party’. The arbitrator had offered to recuse himself if both parties requested, but not only at the request of one. The claimant said that the members of chambers shared office space and administration, and that there was no formal system to protect confidential materials.

Judges:

Rix J

Citations:

[1999] EWHC B3 (Comm), [2000] 1 WLR 113

Links:

Bailii

Statutes:

Arbitration Act 1996 24(1)(a)

Cited by:

Cited – O’Leary International Ltd v North Wales Police Admn 31-May-2012
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Legal Professions

Updated: 05 November 2022; Ref: scu.464592

Beck Interiors Ltd v UK Flooring Contrcators Ltd: TCC 4 Jul 2012

Adjudication enforcement raising issues, the first being whether all or part of a dispute or disputes had crystallised before the adjudication was commenced and the second being whether part of the adjudicator’s decision can be severed leaving the rest to be enforced.

Judges:

Akenhead J

Citations:

[2012] EWHC 1808 (TCC), [2012] BLR 417

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 03 November 2022; Ref: scu.463091

Secretary of State for the Environment v Euston Centre Investments Ltd: CA 6 Jul 1994

Arbitration appeal may be struck out for delay without the need to show evidence of prejudice from that delay. Nevertheless relief against an order striking out an appeal should given where some substantial part of the fault for the delay was the court’s fault.

Citations:

Times 06-Jul-1994, Independent 10-Aug-1994, Gazette 03-Aug-1994

Statutes:

Arbitration Act 1979 1

Jurisdiction:

England and Wales

Citing:

Appeal from – Secretary of State for the Environment v Euston Centre Investments Ltd ChD 5-Jan-1994
Appeals from arbitrators must be prosecuted speedily or will risk being struck out. The tests will be applied stringently. . .

Cited by:

Appealed to – Secretary of State for the Environment v Euston Centre Investments Ltd ChD 5-Jan-1994
Appeals from arbitrators must be prosecuted speedily or will risk being struck out. The tests will be applied stringently. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 26 October 2022; Ref: scu.89099

Mercury Communications Ltd v Director General of Telecommunications and Another: CA 3 Aug 1994

Parties having contracted to resolve differences by an agreed procedure, could not go back on that agreement. The court will not replace an agreement for a resolution method chosen by parties with own advice and freely.

Citations:

Independent 19-Aug-1994, Times 03-Aug-1994, Gazette 07-Oct-1994

Jurisdiction:

England and Wales

Citing:

Appealed to – Mercury Communications Ltd v Director General of Telecommunications and Another HL 10-Feb-1995
The Secretary of State’s decision on the grant of a Telecommunications licence was challengeable by Summons and not by Judicial Review. A dispute between Mercury and BT as to charges as set by the Director General is a private not a public dispute. . .

Cited by:

Appeal from – Mercury Communications Ltd v Director General of Telecommunications and Another HL 10-Feb-1995
The Secretary of State’s decision on the grant of a Telecommunications licence was challengeable by Summons and not by Judicial Review. A dispute between Mercury and BT as to charges as set by the Director General is a private not a public dispute. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Arbitration

Updated: 26 October 2022; Ref: scu.83653

Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd: CA 7 Apr 1993

An action was brought by re-insurers for a declaration that reinsurance policies were void for illegality, and that the plaintiffs were not liable under them. The illegality alleged was that the defendants were not registered or approved to carry on insurance or reinsurance business under the Insurance Companies Acts. The illegality was denied, and the defendant sought a stay and reference to arbitration.
Held: A stay was granted. An arbitration clause in an insurance contract was separate from the main contract with the effect that (a) invalidity of the main contract did not deprive the arbitrator of jurisdiction, and (b) the arbitrator had jurisdiction to decide the question of illegality of the main contract.
Ralph Gibson LJ: ‘Mr Longmore pointed out that a party to a contract the making of which he says was induced by fraud, would be surprised to be told that he is bound to have the issue tried by an arbitrator appointed under a clause in that contract. He also pointed out that when such a party alleges that the contract is void for illegality, he might well be astonished to be told that the issue of that illegality is to be determined by an arbitrator appointed under it.
There is, I think, force in these comments, but I add that in my view they are no more than forceful comments. Mr Justice Steyn said that the question of fraud or initial illegality was capable of being referred to arbitration. He did not qualify the clearly stated principle that if the validity of the arbitration clause itself is attacked the issue cannot be decided by the arbitrator. His reference to direct impeachment was, as I understand his judgment, to distinguish an attack upon the clause otherwise than by the logical proposition that the clause falls within the containing contract. When it is said that the contract was induced by fraud it may well be clear that, if it was, the making of the independent arbitration clause was also induced by fraud.’
Hoffmann LJ: ‘Mr Longmore therefore accepts, as he must, that for some purposes the arbitration clause is treated as severable and may survive the termination or even the avoidance with retrospective effect of all the other obligations under the contract .. He submits however that the severability doctrine cannot apply to any rule which prevents the contract from coming into existence or makes it void ab initio. In particular, it does not apply to a statute or other rule of law which makes the contract void for illegality.
It seems to me impossible to accept so sweeping a proposition. There will obviously be cases in which a claim that no contract came into existence necessarily entails a denial that there was any agreement to arbitrate. Cases of non est factum or denial that there was a concluded agreement, or mistake as to the identity of the other contracting party suggest themselves as examples. But there is no reason why every case of initial invalidity should have this consequence.’

Judges:

Ralph Gibson LJ, Hoffmann LJ

Citations:

Gazette 07-Apr-1993, [1993] 1 QB 701, [1993] 1 Lloyd’s Law Reports 455

Statutes:

Arbitration Act 1979 1

Jurisdiction:

England and Wales

Citing:

Appeal from – Harbour Assurance Co (Uk) Ltd v Kansa General International Insurance Co Ltd 1993
The Court said that older (pre Heyman v Darwins Ltd) authorities about the width of arbitration clauses had to be approached with some care and that the words ‘arising from the contract’ have almost invariably been treated as ‘words of very wide . .

Cited by:

Cited – Soleimany v Soleimany CA 4-Mar-1998
The parties were Iranian Jews, father and son. The son arranged to export carpets from Iran in contravention of Iranian law. The father and son fell into dispute about their contracts and arranged for the issues to be resolved by the Beth Din . .
Cited – Lesotho Highlands Development Authority v Impregilo Spa and others HL 30-Jun-2005
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 . .
Cited – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Cited – 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
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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Insurance

Updated: 26 October 2022; Ref: scu.81228

Arnold and Others v National Westminster Bank Plc: CA 14 Mar 1994

There was no power to remit a case to an arbitrator after a later court decision decision which showed that the law applied by the arbitrator was wrong. The arbitrator’s award was on the basis that a new lease should contain a rent review, but the basis was not followed in British Gas. The judge had remitted the award to the arbitrator to be assessessed on the British Gas basis.
Held: The court did not have that power. Decisions of arbitrators were not to be acceoted for review easily, and remission was available only in certain limited cases. A change in the law was not to be seen as equivalent to new evidence.

Citations:

Ind Summary 14-Mar-1994, [1994] NPC 37 CA, [1994] CLY 2807

Statutes:

Arbitration Act 1950 22

Jurisdiction:

England and Wales

Citing:

Cited – British Gas Corporation v Universities Superannuation Scheme ChD 1986
The lease had a five yearly rent review, to be the highest of the current rent the rack rental value at the relevant rate. The rack rent was calculated under a hypothetical lease containing the same provisions (save for rent). The tenant sought a . .
Cited – King v Thomas McKenna 1991
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, Landlord and Tenant

Updated: 26 October 2022; Ref: scu.77871

Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017

The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party debt orders. Issues arose as to who could take the benefit of the letters of credit.
Held: (Lord Mance DPSC and Lord Neuberger of Abbotsbury dissenting) The appeal was allowed. The defendant was, under the contract, and remained the beneficiary of the letters and was the only proper owner of the debts due from the French bank. The Central Bank of Iraq, having no beneficial interest in the contract had no say in the chosen means of execution.
The situs in law of this debt was London, being the legal residence of the debtor.

Judges:

Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge

Citations:

[2017] UKSC 64, UKSC 2015/0199, [2017] WLR(D) 701, [2018] AC 690, [2017] 3 WLR 1170

Links:

Bailii, Bailii Summary, SC, SC Summary, SC 20170321 am Video, SC Summary Video, SC 20170321 pm Video, SC 20170322 am Video, SC 20170322 pm Video, WLRD

Jurisdiction:

England and Wales

Citing:

At ComC (1) – Taurus Petroleum Ltd v State Oilmarketing Company ComC 18-Nov-2013
The parties referred their contract disputes to an arbitration in London which was to apply Iraqi law. As to enforcement of the award, the defendant denied that they were situated in London.
Held: The debts were situated in London rather than . .
At ComC (2) – Taurus Petroleum Led v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq ComC 18-Nov-2013
. .
Appeal from – Taurus Petroleum Ltd v State Oil Company of The Ministry of Oil, Republic of Iraq CA 28-Jul-2015
The parties had contractual disputes as to letters of credit governed by Iraqi law. The arbitration was in London applying Iraqi law. They now disputed whether the Enforcement of arbitration award was as an award made in London. Each appealed . .
Cited – Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation HL 12-Jun-2003
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged.
Held: A third party debt order is a proprietary remedy operating . .
Overruled – Power Curber International Ltd v The National Bank of Kuwait CA 1981
The advising bank on a letter of credit was situated in Florida. The place where the credit was payable was North Carolina, and the place where the issuing bank had its place of business was Kuwait.
Held: (Waterhouse J dissenting) The contract . .
Cited – HL Boulton Co v Banque Royale du Canada 1994
(Superior Court of Quebec) The defendant asked the court to decline jurisdiction under article 3135 of the Civil Code, which provides that even though a Quebec authority has jurisdiction to hear a dispute, it may exceptionally decline jurisdiction . .
Cited – Alessandra Yarns llc v Tongxiang Baoding Textile Co Ltd 6-Feb-2015
(Superior Court of Quebec) The Court was asked whether the fraud exception to a letter of credit had been met such that the court should issue an interlocutory injunction to prevent the beneficiary claiming under the letter of credit. There were . .
Cited – Re General Horticultural Company, Ex parte Whitehouse ChD 1886
Wills, to whom a sum had been allowed in a winding up for work done for the liquidator, charged the amount due to him as security for the payment of three debts, the total amount of which exceeded the sum due to him from the company. Notice of the . .
Cited – Rogers v Whitely QBD 1889
Money in a bank account included money of which the judgment debtor was trustee.
Held: That money could not be ordered to be paid to the judgment creditor who obtained the charging order: ‘he can only obtain payment out of the debtor’s own . .
Cited – Williams v Everett And Others 25-Nov-1811
. .
Cited – Gibson v Minet And Another 28-Feb-1824
. .
Cited – Webb v Stanton CA 1883
A garnishee order was obtained against a trustee purporting to attach the beneficiary’s share of the trust income. No income was however in the trustee’s hands which he was at that time due to pay to the beneficiary.
Held: The garnishee order . .
Cited – Rekstin v Severo Sibirsko Gosudarstvennoe Aksionernoe Obschestvo Koseverputj and the Bank for Russian Trade Ltd CA 1932
The plaintiff sought to enforce payment of a judgment in his favour against the defendant (the Severo Sibirsko Bureau) by service of a garnishee order nisi on the Bureau’s bank, the Bank for Russian Trade. The order was served less than an hour . .
Cited – Dunlop and Ranken Ltd v Hendall Steel Structures Ltd CA 1957
There was no debt arising under a building contract which could be the subject of a garnishee order where there was no ’cause of action’ and no debt until an architect’s certificate had been issued.
Lord Goddard CJ said: ‘. . until the . .
Cited – Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy and Another CA 10-Dec-2014
he debt sought to be attached was said to be owed by a bank to the judgment debtor Naftogaz. But the bank had received the money from Naftogaz as the agent bank under a loan agreement for distribution to the loanholders. It was not therefore, in the . .
Cited – Ferrera v Hardy CA 7-Oct-2015
H appealed from a decision to set aside a third party debt order which he had obtained over a debt he said was due to F from Liverpool City Council in respect of housing benefit owed to F as rent for one of F’s tenants.
Held: A judgment . .
Cited – Wood v Capita Insurance Services Ltd SC 29-Mar-2017
Construction of term of contract for the sale and purchase of the entire issued share capital of a company.
Held: The appeal was dismissed: ‘the SPA may have become a poor bargain, as it appears that it did not notify the sellers of a warranty . .
Lists of cited by and citing cases may be incomplete.

Banking, International

Updated: 01 October 2022; Ref: scu.597671

Taurus Petroleum Ltd v State Oil Company of The Ministry of Oil, Republic of Iraq: CA 28 Jul 2015

The parties had contractual disputes as to letters of credit governed by Iraqi law. The arbitration was in London applying Iraqi law. They now disputed whether the Enforcement of arbitration award was as an award made in London. Each appealed against elements of the orders made at first instance.
Held: The appeals and cross appeals failed.
Although a bank must carefully assess the creditworthiness of its own customer before agreeing to open a letter of credit, the process of doing so is essentially mechanical. The terms of the credit are likely to be determined largely, if not entirely, by the seller and will be communicated by the buyer to its bank. The bank in its turn will then issue the credit in the terms required, undertaking a liability to the beneficiary against which it will seek an indemnity from its customer. Moore-Bick LJ added that one should therefore be very cautious before construing letters of credit by reference to extraneous circumstances and there was no evidence before the court of the extent to which those engaged in financing the trade in Iraqi oil were or were not generally aware of the arrangements.
The parties disputed the terms of their contract and had undertaken an arbitration in London, but under Iraqi law. There was no reason in principle why a letter of credit should not be issued in favour of joint beneficiaries, as for example if goods or property were being sold by joint owners.

Judges:

Moore-Bick VP CA, Sullivan, Briggs LJJ

Citations:

[2015] EWCA Civ 835, [2016] 1 Lloyd’s Rep 42, [2015] CP Rep 48

Links:

Bailii

Statutes:

State Immunity Act 1978 13(2) 14(4)

Jurisdiction:

England and Wales

Citing:

Appeal from – Taurus Petroleum Ltd v State Oilmarketing Company ComC 18-Nov-2013
The parties referred their contract disputes to an arbitration in London which was to apply Iraqi law. As to enforcement of the award, the defendant denied that they were situated in London.
Held: The debts were situated in London rather than . .
At ComC (2) – Taurus Petroleum Led v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq ComC 18-Nov-2013
. .
Binding – Power Curber International Ltd v The National Bank of Kuwait CA 1981
The advising bank on a letter of credit was situated in Florida. The place where the credit was payable was North Carolina, and the place where the issuing bank had its place of business was Kuwait.
Held: (Waterhouse J dissenting) The contract . .
Cited – Rogers v Whitely QBD 1889
Money in a bank account included money of which the judgment debtor was trustee.
Held: That money could not be ordered to be paid to the judgment creditor who obtained the charging order: ‘he can only obtain payment out of the debtor’s own . .

Cited by:

Appeal from – Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq SC 25-Oct-2017
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Banking, International

Updated: 01 October 2022; Ref: scu.550645

Bilta (UK) Ltd (In Liquidation) v Nazir and Others: ChD 17 May 2010

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 be tried as preliminary issues. There was an arguable case that Bilta had traded with Jetivia with notice that the Framework Agreement contained Jetivia’s standard terms and conditions applied, and that the Framework Agreement (including clause 8.7) became part of the contractual terms binding on Bilta.

Judges:

Sales J

Citations:

[2010] Bus LR 1634, [2010] 2 Lloyd’s Rep 29, [2010] EWHC 1086 (Ch)

Links:

Bailii

Statutes:

Arbitration Act 1996 9(3)

Jurisdiction:

England and Wales

Cited by:

See Also – Bilta (Uk) Ltd v Nazir and Others ChD 24-Nov-2010
The company had been wound up by the Revenue on the basis that it had been used for a substantial VAT fraud. The liquidators now sued those said to have participated. A defendant denied the jurisdiction because of a disputed arbitration agreement. . .
See Also – Bilta (UK) Ltd and Others v Nazir and Others ChD 30-Jul-2012
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates.
Held: The . .
At first instance (1) – Jetivia Sa and Another v Bilta (UK) Ltd and Others CA 31-Jul-2013
Defendants appealed against refusal of their request for a summary striking out for lack of jurisdiction, of the claims against them arising from their management of the insolvency of the first defendant. . .
At first Instance (1) – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
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 . .
Lists of cited by and citing cases may be incomplete.

Contract, Arbitration

Updated: 25 September 2022; Ref: scu.415085

Claxton Engineering Services Ltd v TXM Olaj-ES Gazkutato Ktf: ComC 1 Feb 2011

The claimant applied for an injunction restraining the defendant from pursuing an arbitration commenced in Hungary under the rules of the Court of Arbitration of the Hungarian Chamber of Commerce (‘HCCI’) in reliance upon an alleged arbitration agreement between the parties.

Judges:

Hamblen J

Citations:

[2011] EWHC 345 (Comm), [2011] 1 Lloyd’s Rep 510, [2011] 2 All ER (Comm) 128

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 17 September 2022; Ref: scu.443313

Michael Wilson and Partners Ltd v Sinclair and Another: CA 13 Jan 2017

The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an arbitration beween the claimant and the former partner, which were lost, and the defendants had successfully argued that it was an abuse of process for the claimant now to pursue them, even though they had not been party to the arbitration. The claimants now appealed.
Held: The appeal was allowed. There was indeed a jurisdition for a court to take account of an earlier arbitration (as opposed to a court) award, when considering whether proceedings were an abuse, but the Judge had been wrong to exercise the discretion which arose in these particular circumstances.
The court summarised the relevant principles: (1) In cases where there is no res judicata or issue estoppel, the power to strike out a claim for abuse of process is founded on two interests: the private interest of a party not to be vexed twice for the same reason and the public interest of the state in not having issues repeatedly litigated; see Lord Diplock in Hunter v. Chief Constable, Lord Hoffmann in the Arthur Hall case and Lord Bingham in Johnson v. Gore Wood. These interests reflect unfairness to a party on the one hand, and the risk of the administration of public justice being brought into disrepute on the other, see again Lord Diplock in Hunter v. Chief Constable. Both or either interest may be engaged.
(2) An abuse may occur where it is sought to bring new proceedings in relation to issues that have been decided in prior proceedings. However, there is no prima facie assumption that such proceedings amount to an abuse, see Bragg v. Oceanus; and the court’s power is only used where justice and public policy demand it, see Lord Hoffmann in the Arthur Hall case.
(3) To determine whether proceedings are abusive the Court must engage in a close ‘merits based’ analysis of the facts. This will take into account the private and public interests involved, and will focus on the crucial question: whether in all the circumstances a party is abusing or misusing the court’s process, see Lord Bingham in Johnson v. Gore Wood and Buxton LJ in Taylor Walton v. Laing.
(4) In carrying out this analysis, it will be necessary to have in mind that: (a) the fact that the parties may not have been the same in the two proceedings is not dispositive, since the circumstances may be such as to bring the case within ‘the spirit of the rules’, see Lord Hoffmann in the Arthur Hall case; thus (b) it may be an abuse of process, where the parties in the later civil proceedings were neither parties nor their privies in the earlier proceedings, if it would be manifestly unfair to a party in the later proceedings that the same issues should be relitigated, see Sir Andrew Morritt V-C in the Bairstow case; or, as Lord Hobhouse put it in the Arthur Hall case, if there is an element of vexation in the use of litigation for an improper purpose.
(5) It will be a rare case where the litigation of an issue which has not previously been decided between the same parties or their privies will amount to an abuse of process, see Lord Hobhouse in In re Norris . .
(6) An appeal against a decision to strike out on the grounds of abuse, described by Lord Sumption JSC in Virgin Atlantic Airways Ltd v. Zodiac Seats UK Ltd [2014] AC 160 at [17] as the application of a procedural rule against abusive proceedings, is a challenge to the judgment of the court below and not to the exercise of a discretion. Nevertheless, in reviewing the decision the Court of Appeal will give considerable weight to the views of the judge, see Buxton LJ in the Taylor Walton case, at [13].

Judges:

Patten , Simon LJJ, Sir Ernest Ryder SPT

Citations:

[2017] EWCA Civ 3, [2017] WLR(D) 18

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. . .
Cited – Reichel v Magrath PC 1889
The new vicar of Sparsholt, Dr Magrath, was able to rely on the abuse of process even though he had not been party to earlier proceedings between Reichel and the Bishop of Oxford and the Queen’s College and so was not bound by any issue estoppel . .
Cited – Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm) HL 20-Jul-2000
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers.
Held: The immunity from suit for negligence enjoyed by advocates acting in . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
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 . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See Also – Michael Wilson and Partners Ltd v Emmott CA 14-Oct-2015
Appeal against a finding that payments made by the appellant were made in the ordinary course of business and not in breach of a freezing injunction. . .
See Also – Michael Wilson and Partners Ltd v Emmott CA 11-Dec-2015
The court considered a residual jurisdiction to set aside an arbitrator’s award after a first appeal. . .
See Also – Emmott v Michael Wilson and Partners ComC 24-Nov-2016
Application for an anti-suit injunction against the defendant to restrain it from taking any further steps in ongoing proceedings in New South Wales and from commencing or pursuing any other substantive claims against the claimant on the ground that . .
Cited – Henderson v Henderson 20-Jul-1843
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 . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Cited – Bragg v Oceanus Mutual Underwriting Association (Bermuda) Ltd CA 1982
The court considered the ability to prevent relitigation of issues already decided. The Court identified some of the limits of the abuse jurisdiction. Kerr LJ said: ‘To take the authorities first, it is clear that an attempt to relitigate in another . .
Cited – Henderson v Henderson 20-Jul-1843
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 . .
Cited – In re Norris, Application by Norris HL 28-Jun-2001
The applicant’s husband had been made the subject of a drugs confiscation order. Part of this was an order against the house. She had failed in asserting that the house was hers. Her appeal to a civil court had been disallowed as an abuse. It was . .
Cited – The Secretary of State for Trade and Industry v Bairstow CA 11-Mar-2003
The Secretary of State attempted, in the course of director’s disqualification proceedings, to rely upon findings made against Mr Bairstow in an earlier wrongful dismissal action to which he had been a party but the Secretary of State not. The . .
Cited – Taylor Walton (A Firm) v Laing CA 15-Nov-2007
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.
Buxton LJ considered the nature of the enquiry on such an . .
Cited – Taylor Walton (A Firm) v Laing CA 15-Nov-2007
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.
Buxton LJ considered the nature of the enquiry on such an . .
Cited – Kotonou v National Westminster Bank Plc CA 30-Oct-2015
Appeal against summary dismissal of claim against the bank based on Henderson v Henderson.
Gloster LJ, commented on Buxton LJ’s observations in the Taylor Walton case: ‘Thus, in my view, what is required in the present case is ‘an intense focus . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Torts – Other

Updated: 16 September 2022; Ref: scu.573280

Barclays Bank Plc v Nylon Capital Llp: CA 18 Jul 2011

The parties disputed whether a disagreement between them fell within the terms of a clause providing for expert determination, and therefore whether the instant proceedings should be stayed.

Judges:

Lord Neuberger MR, Thomas, Etherton LJJ

Citations:

[2011] EWCA Civ 826

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 16 September 2022; Ref: scu.441887

Michael Wilson and Partners Ltd v Emmott: ComC 8 Jun 2011

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 wrong.
Held: Despite the irregularities, the complaints did not undermine the decision. It stood.

Judges:

Andrew Smith J

Citations:

[2011] EWHC 1441 (Comm), [2011] ArbLR 55

Links:

Bailii

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Citing:

See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 6-Nov-2008
Challenge to jurisdiction of arbitration proceedings. . .
See Also – Emmott v Michael Wilson and Partners Ltd ComC 12-Jan-2009
The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order.
Held: The conditions for a peremptory . .
Cited – Alghussein Establishment v Eton College HL 1985
A literal construction of the relevant provision of a lease would have led to an absurd result that a contractor who failed to complete a development without fault could not call for a lease, whereas a contractor who wilfully defaulted could do so. . .
Cited – Zermalt Holdings SA v NuLife Upholstery Repairs Ltd 1985
The court considered its general approach to appeals against awards in arbitrations. Bingham J said: ‘as a matter of general approach the courts strive to uphold arbitration awards. They do not approach them with a meticulous legal eye endeavouring . .
Cited – National Westminster Bank Plc and Another v Inland Revenue Commissioners HL 24-Jun-1994
Shares are allotted to a person when that person acquires an unconditional right to be entered on a company’s register of members. The issue of shares only becomes complete after they are registered in the company’s books for the purposes of the BES . .
Cited – Checkpoint Ltd v Strathclyde Pension Fund CA 6-Feb-2003
The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity . .
Cited – Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited ChD 14-Apr-2003
A trustee in breach of his duty has a duty to disclose that breach. It was alleged that the defendants, including a director of the claimant, had submitted false invoices to the claimants, and purchased property with the resulting profits.
Cited – Warborough Investments Ltd v S Robinson and Sons (Holdings) Ltd CA 10-Jun-2003
The applicant sought remission of the decision of the arbitrator on a rent review. The arbitrator had taken a different approach from that suggested by either party’s expert.
Held: Arbitrators should be give a wide margin of appreciation. Even . .
Cited – Cameroon Airlines v Transnet Ltd ComC 29-Jul-2004
Where it is claimed that the arbitral tribunal adopted improper procedures to determine an issue, the court should decline to try the issue in order to establish whether substantial injustice has in fact been caused . .
Cited – 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. . .
Cited – London Underground Ltd v Citylink Telecommunications Ltd TCC 20-Jul-2007
Each party challenged elements of an arbitration award. . .
Cited – Industrial Development Consultants Ltd v Cooley 1972
Mr Cooley was the managing director of the claimant. His duties included procuring business in the field of developing gas depots. The company had unsuccessful negotiations with the Eastern Gas Board for the development of four depots. However, the . .
Cited – Conlon and Another v Simms ChD 9-Mar-2006
Partners in a solicitors practice fell out after one was struck off by the Law Society. The remaining partners claimed damages alleging that they had been drawn into the partnership after misrepresentations by the defendant about it, and sought to . .
Cited – ABB Ag v Hochtief Airport Gmbh and Another ComC 8-Mar-2006
The court considered the authorities on when an applications to set aside an arbitration award might succeed under section 68.
Held: Any such application faced a high hurdle. It can constitute a serious irregularity that a tribunal determines . .
Cited – Murad and Another v Al Saraj and Another CA 29-Jul-2005
An account of profits is available without proof of loss, and the onus is upon the defaulting party to show that profits are not ones for which he should account . .
Cited – Hunter Kane Ltd v Watkins 2003
. .
Cited – Canson Enterprises Ltd v Boughton and Co 21-Nov-1991
Canlii Supreme Court of Canada – Canada – Damages — Breach of fiduciary duty — Solicitor preparing conveyance not advising purchasers of secret profit made on a flip — On agreed facts, purchasers fully . .

Cited by:

See Also – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See Also – Michael Wilson and Partners Ltd v Emmott CA 14-Oct-2015
Appeal against a finding that payments made by the appellant were made in the ordinary course of business and not in breach of a freezing injunction. . .
See Also – Michael Wilson and Partners Ltd v Emmott CA 11-Dec-2015
The court considered a residual jurisdiction to set aside an arbitrator’s award after a first appeal. . .
See Also – Emmott v Michael Wilson and Partners ComC 24-Nov-2016
Application for an anti-suit injunction against the defendant to restrain it from taking any further steps in ongoing proceedings in New South Wales and from commencing or pursuing any other substantive claims against the claimant on the ground that . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Another CA 13-Jan-2017
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 13 September 2022; Ref: scu.440446

CMA-CGM Marseille v Petro Broker International: CA 19 Apr 2011

Petro sought to enforce an arbitration award in its favour under a bunker contract. CMA obtained a stay on enforcement. It then offered to release the stay but on terms unacceptable to Petro.

Judges:

Laws, Jackson, Tomlinson LJJ

Citations:

[2011] EWCA Civ 461

Links:

Bailii

Statutes:

Arbitration Act 1996 44

Jurisdiction:

England and Wales

Citing:

Cited – Totsa Total Oil Trading Sa v Bharat Petroleum Corp Ltd ComC 14-Jan-2005
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Arbitration

Updated: 06 September 2022; Ref: scu.432835

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International Gmbh: CA 11 Oct 2010

Challenge to validity of arbitration agreement

Judges:

Mummery, Lloyd, Stanley Burnton LJJ

Citations:

[2010] EWCA Civ 1100, [2011] CP Rep 3, 132 Con LR 1, [2011] 1 Lloyd’s Rep 243, [2011] Bus LR 825

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 25 August 2022; Ref: scu.424976

Fillite (Runcorn) Ltd v Aqua-Lift: CA 1989

The court considered whether claims arising from misrepresentation or breach of a collateral contrat were claims arising ‘under’ the contract so as to be governed by the disputes provisions in it.
Held: The disputes did not arise ‘under the contract as such. Slade LJ said that the phrase ‘under a contract’ was not wide enough to include disputes which did not concern obligations created by or incorporated in the contract. Nourse LJ agreed.
Nourse LJ: ‘The preposition ‘under’ presupposes that the noun which it governs already has some existence. It operates in time as well as in space. I think that it means ‘as a result of’ and with reference to’. The disputes as to express or implied terms in the composite Peterborough contract arise both as a result of and with reference to that contract and are therefore within clause 14 of the heads of agreement. The disputes as to negligent misstatement, misrepresentation under the misrepresentation Act 1967 and collateral warranty or contract, while they may in a loose sense be said to arise with reference to the contract, cannot be said to arise as a result of it. They all relate to matters which either preceded the contract or were at best contemporaneous with it. Those disputes are therefore outside clause 14 and I agree with Slade LJ that the material words are not wide enough to include disputes which do not concern obligations created by or incorporated in the contract.’
Slade LJ held the phrase ‘disputes arising under a contract’ to be not wide enough to include disputes which do not concern obligations created by or incorporated in that contract.

Judges:

Nourse LJ, Slade LJ

Citations:

(1989) CLR 66, (1989) 26 Const LR 66, (1989) 45 BLR 27

Jurisdiction:

England and Wales

Cited by:

Cited – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Cited – 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
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 . .
Cited – Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc SC 17-Jun-2015
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 20 August 2022; Ref: scu.245557

Re Boks and Co v Peters, Rushton and Co Ltd: CA 1919

The alternative procedure for seeking enforcement of an arbitrator’s award is by an action upon the award. The procedure is to be used only in ‘reasonably clear cases’.

Judges:

Scrutton LJ

Citations:

[1919] 1 KB 491

Jurisdiction:

England and Wales

Cited by:

Cited – Carter (T/A Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd (Jamaica) PC 14-Jun-2004
(Jamaica) A joint venture partnership dispute was referred to arbitration. Certain elements were appealed and remitted. One party claimed that the entire arbitration was deprived of legal effect.
Held: The amended award following remittal was . .
Cited – National Ability Sa v Tinna Oils and Chemicals Ltd CA 11-Dec-2009
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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice

Updated: 05 August 2022; Ref: scu.198416

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

The claimant sought a declaration that an award made in an ICC arbitration was made without jurisdiction and void.

Judges:

Langley J

Citations:

[2004] EWHC 121 (Comm), [2004] 1 LLR 603, [2004] 1 Lloyd’s Rep 603, [2004] NPC 13

Links:

Bailii

Statutes:

Arbitration Act 1996 67

Jurisdiction:

England and Wales

Citing:

See Also – Peterson Farms v C and M Farming Ltd and Another ComC 5-Sep-2003
. .

Cited by:

Cited – Dallah Estates and Tourism Holding Company v Ministry of Religious Affairs, Government Of Pakistan CA 20-Jul-2009
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.
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 03 August 2022; Ref: scu.374029

Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others: CA 1 Apr 1992

The arbitration agreement specified that disputes were to be arbitrated in Brussels, therefore there was no jurisdiction in an English court.

Citations:

Gazette 01-Apr-1992

Statutes:

Arbitration Act 1950 12 (6) (h)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others HL 17-Feb-1993
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction

Updated: 31 July 2022; Ref: scu.78975

A and B v D and C: CA 1989

The phrase ‘may arise in connection with this agreement’ covered a dispute as to inspection and repair work carried out under a contract with no arbitration clause which related to the supply of a liquified gas plant pursuant to a different contract which had an arbitration clause containing that phrase.

Judges:

Mustill J

Citations:

[1989] 1 QB 488, [1989] QB 488, [1988] 2 All ER 577, [1988] 3 WLR 868

Jurisdiction:

England and Wales

Cited by:

Cited – Davies Middleton and Davies Ltd v Toyo Engineering Corporation CA 29-Aug-1997
Parties to a dispute agreed a way of resolving issues before arbitration. One party then sought to say that the agreement was void for uncertainty, being an agreement to agree.
Held: The agreement merely set a mechansim for resolving the . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Contract

Updated: 26 July 2022; Ref: scu.188393

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: SC 1 Mar 2017

The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to enforce here. It was alleged that the award had involved a fraudulent inflation of the amount claimed. NNPC appealed from an order for security, in essence on the ground that the order was made without jurisdiction or wrong in principle and/or was illegitimate in circumstances where NNPC has a good prima facie case of fraud entitling it to resist enforcement of the whole award.
Held: The Court of Appeal erred: ‘It required security, not as the price of a further adjournment falling within section 103(5), but as the price of the decision of an issue under section 103(3). The Court was lifting the adjournments previously ordered pending the outcome of the Nigerian proceedings, not ordering an adjournment. It had no power under section 103 to make a decision of the properly arguable case raised by NNPC under section 103(3) conditional on NNPC providing further security.’

Judges:

Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge, Lord Toulson

Citations:

[2017] UKSC 16, [2018] 1 All ER 738, [2018] 1 All ER (Comm) 191, [2017] 1 WLR 970, [2017] 1 CLC 195, [2017] 1 Lloyd’s Rep 508, UKSC 2015/0247

Links:

Bailii, SC, SCSUmmary, SC Summary Video, SC 020217am Video, SC 020217 pm Video

Jurisdiction:

England and Wales

Citing:

See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 27-Apr-2005
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He . .
See Also – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 17-Apr-2008
The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court. . .
See Also – Nigerian National Petroleum Corporation v IPCO (Nigeria) Ltd CA 21-Oct-2008
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only . .
At First Instance – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 14-Mar-2014
IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the . .
At CA – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
At CA – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
Cited – Soleh Boneh International Ltd v Government of the Republic of Uganda CA 1993
When asked to order provision of security on an application not to enforce an arbitration award, the right approach is that of a sliding scale. The court referred to assessing the strength of the argument that the award is invalid ‘on a brief . .
Cited – Yukos Oil Company v Dardana Ltd CA 18-Apr-2002
The claimant sought to enforce an arbitration award made in Sweden, even though it had yet to give its final adjudication on the defence under the New York Convention argued by the defendant.
Held: The Act cannot have been intended to give the . .
Cited – Gater Assets Ltd v Nak Naftogaz Ukrainiy CA 17-Oct-2007
The defendant resisted enforcement of a Moscow arbitration award saying it had been obtained by fraud, and sought security for costs.
The Court addressed the issue of security for the future costs of a challenge under section 103(3), which . .
Cited – A v B (Arbitration: Security) ComC 16-Dec-2010
. .
Cited – Huscroft v P and O Ferries Ltd CA 21-Dec-2010
Second appeal against order requiring sum for security for costs to be paid into court and in default for the claim to be struck out.
Held: The Court considered its jurisdiction to make an order for security for costs under rule 3.1 and, . .
Cited – Deutsche Bank Ag and Others v Unitech Global Ltd and Others CA 3-Mar-2016
Second interlocutory appeal in the battle between Deutsche Bank and other creditors who have brought two actions in the Commercial Court to recover amounts due under loan or swap agreements which used LIBOR as a reference rate in the calculation of . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.577936

City of London v Sancheti: CA 21 Nov 2008

The defendant sought leave to appeal against a refusal of a stay of arbitration. He was an Indian national operating as a solicitor in London. When pursued for rent arrears on his busines premises, he requested a stay, seeking to take the protection of a bilateral investment treaty protecting nationals of one state who invested another.
Held: He could not claim the benefit of the treaty. He sought to impose the burden of the treaty on a private company. That was not its intention.

Judges:

Lord Justice Laws, Lord Justice Richards and Lord Justice Lawrence Collins

Citations:

[2008] EWCA Civ 1283, Times 01-Dec-2008

Links:

Bailii

Statutes:

Arbitration Act 1996 9

Jurisdiction:

England and Wales

Arbitration, International

Updated: 19 July 2022; Ref: scu.278208

Michael Wilson and Partners Ltd v Emmott: ComC 6 Nov 2008

Challenge to jurisdiction of arbitration proceedings.

Judges:

Teare J

Citations:

[2008] EWHC 2684 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008
The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a rule of substantive law masquerading as an implied term’. . .

Cited by:

See Also – Emmott v Michael Wilson and Partners Ltd ComC 12-Jan-2009
The claimant, a party to an arbitration, sought first an order requiring the defendant to comply with an order made by the arbitrator for the transfer of certain shares, and second an asset freezing order.
Held: The conditions for a peremptory . .
See Also – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
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 . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 16-Jan-2013
Application to stay order for costs. . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Others CA 23-Jul-2015
. .
See Also – Michael Wilson and Partners Ltd v Emmott CA 14-Oct-2015
Appeal against a finding that payments made by the appellant were made in the ordinary course of business and not in breach of a freezing injunction. . .
See Also – Michael Wilson and Partners Ltd v Emmott CA 11-Dec-2015
The court considered a residual jurisdiction to set aside an arbitrator’s award after a first appeal. . .
See Also – Emmott v Michael Wilson and Partners ComC 24-Nov-2016
Application for an anti-suit injunction against the defendant to restrain it from taking any further steps in ongoing proceedings in New South Wales and from commencing or pursuing any other substantive claims against the claimant on the ground that . .
See Also – Michael Wilson and Partners Ltd v Sinclair and Another CA 13-Jan-2017
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Arbitration

Updated: 19 July 2022; Ref: scu.277570

Youell and others v La Reunion Aerienne and others: ComC 22 Oct 2008

Citations:

[2008] EWHC 2493 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Youell and others v La Reunion Aerienne and others CA 11-Mar-2009
The parties disputed whether the court had jurisdiction. The defendant insurer argued that parallel issues had been referred to arbitration in France.
Held: the claim was outside the range of the arbitration agreement, and a stay, which would . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction

Updated: 19 July 2022; Ref: scu.277340

Gater Assets Ltd v Nak Naftogaz Ukrainiy: CA 17 Oct 2007

The defendant resisted enforcement of a Moscow arbitration award saying it had been obtained by fraud, and sought security for costs.
The Court addressed the issue of security for the future costs of a challenge under section 103(3), which raises very different considerations to an issue of security for the past award itself. Rix LJ noted that the Convention might be regarded as a ‘complete code’, precluding the making of a decision under section 103(2) or (3) conditional upon the provision of security for costs. In relation to the provision of security for the award itself, he said: ‘Field J, however, was prepared to refuse enforcement, on the ground of failure to provide the security for costs ordered. That was the order that Field J made, setting aside the enforcement order if the security was not provided, and doing so on a ground not expressly within the Convention. There is no express basis in the New York Convention for that condition. Enforcement may be refused ‘only if’ one of the exceptions within article V is made good. Security is discussed in the Convention, but only security for the award itself and only in the context of an adjournment of enforcement proceedings pending an application to set aside or suspend the award to the competent authority of the country in which, or under the law of which, that award was made: article VI, reproduced in section 103(5) of the 1996 Act. That is not just an example of a circumstance in which such security might be ordered, but is the only circumstance in which it might be: see the decision of this court in Dardana Ltd v Yukos Oil Co [2002] All ER (Comm) 819, para 27.’

Judges:

Buxton LJ, Rix LJ, Moses LJ

Citations:

[2007] EWCA Civ 988, [2007] ArbLR 28, [2008] Bus LR 388, [2007] 2 Lloyd’s Rep 588

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 22-Mar-2007
Application for security for costs. . .

Cited by:

See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 15-Feb-2008
Appeal against enforcement of interational arbitration award. . .
See Also – Gater Assets Ltd v Nak Naftogaz Ukrainiy ComC 21-May-2008
Whether interest recoverable under 1838 Act . .
Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.259900

West Tankers Inc v Ras Riunione Adriatica Sicurta Spa and Another: ComC 2 Oct 2007

Judges:

Andrew Smith J

Citations:

[2007] EWHC 2184 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor) HL 21-Feb-2007
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. . .
See Also – West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’) ComC 21-Mar-2005
Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 19 July 2022; Ref: scu.272534

Herschel Engineering Ltd v Breen Property Ltd: TCC 14 Apr 2000

‘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 behalf of the defendant that in such circumstances it is not open to a party to refer a dispute to adjudication, and that any decision which an adjudicator purports to make should not be enforced by the court. The claimant seeks to obtain summary judgment under Part 24 of the CPR of the sums which the adjudicator decided were due to it. ‘

Judges:

Dyson J

Citations:

[2000] EWHC Technology 178, 70 Con LR 1, [2000] BLR 272

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 14 July 2022; Ref: scu.266721

AMEC Capital Projects Ltd v Whitefriars City Estate Ltd: TCC 19 Sep 2003

Application to enforce adjudicators award, and application to stay same.

Citations:

[2003] EWHC 2443 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – AMEC Capital Projects Ltd v Whitefriars City Estates Ltd TCC 27-Feb-2004
. .
See Also – AMEC Capital Projects Ltd v Whitefriars City Estates Ltd CA 28-Oct-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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 14 July 2022; Ref: scu.266717

Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel): QBD 5 Apr 1994

Arbitrator to award all costs even if award much less than original claim.
Phillips J said: ‘It is always necessary to exercise the greatest care before applying the reasoning in one case to a different factual situation, and this is particularly true in the field of damages. The majority of the Court in Ruxley Electronics did not hold that a plaintiff can recover in damages the cost of remedial measures which are unreasonable. They held that, in the circumstances of that case it was not unreasonable for the plaintiff to spend the substantial sum necessary to have what he had contracted for. The test of what was reasonable had to have regard to his personal preference, as expressed in the depth of water that he had contractually required. This reasoning can be applied to a requirement which is incorporated in a contract as an end in itself, reflecting a personal preference of the contracting party. It does not apply where the contractual requirement is not an end in itself, but is inserted into a commercial contract because it has financial implications. If, in such a case, the contractual requirement is not met, the costs of remedial measures will not normally be recoverable as damages if they are disproportionate to the financial consequences of the breach. If that is the case it will not be reasonable to incur those costs. The damages recoverable will be those necessary to compensate for the financial consequences of the breach.’

Judges:

Phillips J

Citations:

Times 05-Apr-1994, [1994] 2 Lloyd’s Rep 161

Jurisdiction:

England and Wales

Citing:

Cited – Ruxley Electronics and Construction Ltd v Forsyth CA 7-Jan-1994
In 1986, the defendant, wanted a swimming pool adjoining his house. He contracted with the plaintiffs. The contract price for the pool, with certain extras, was 17,797.40 pounds including VAT. The depth of the pool was to be 6 ft 6 in at the deep . .

Cited by:

Cited – Ruxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Damages, Construction

Updated: 12 July 2022; Ref: scu.78974

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

Each party challenged elements of an arbitration award.

Judges:

Ramsey J

Citations:

[2007] EWHC 1749 (TCC), [2007] 2 All ER (Comm) 694, [2006] 2 Lloyds 1, [2006] 1 All ER (Comm) 529, [2007] ArbLR 39, [2007] BLR 391, (2007) 114 Con LR 1

Links:

Bailii

Statutes:

Arbitration Act 1996 68 69

Jurisdiction:

England and Wales

Cited by:

Cited – Penwith District Council v VP Developments Ltd TCC 2-Nov-2007
The council sought to appeal against an interim arbitration award.
Held: Leave to appeal was refused. The application was wholly unjustified. This was an appeal on the facts dressed up as an appeal on law. . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 11 July 2022; Ref: scu.258384

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

The court considered the authorities on when an applications to set aside an arbitration award might succeed under section 68.
Held: Any such application faced a high hurdle. It can constitute a serious irregularity that a tribunal determines an issue which is not ‘in play’ between the parties.

Judges:

Tomlinson J

Citations:

[2006] EWHC 388 (Comm), [2006] 2 LLoyds Rep 1, [2006] 1 All ER (Comm) 529, [2006] ArbLR 2

Links:

Bailii

Statutes:

Arbitration Act 1996 68

Jurisdiction:

England and Wales

Cited by:

Cited – Bandwidth Shipping Corporation v Intaari (‘Magdalena Oldendorrf’) CA 17-Oct-2007
An arbitrator hearing a case, and who appreciated that counsel had failed to take a point, should draw counsel’s attention to the point. No duty could arise if the arbitrator did not himself see the point.
An applicant under section 68 faces a . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 05 July 2022; Ref: scu.239122

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

The defendant had repudiated the building contract in 2002. The claimant now resisted a request for arbitration, saying the request was an abuse of process after such delay.
Held: The defendant’s appeal succeeded. The Arbitration Act explicitly allowed a reference at any time, and there was nothing in the Act to indicate any restrictive interpretation of the phrase.

Judges:

Lord Justice Ward Lord Justice Dyson Lord Justice Carnwath

Citations:

[2005] EWCA Civ 193, Times 13-May-2005

Links:

Bailii

Statutes:

Housing Grants, Construction and Regeneration Act 1996, Arbitration Act 1996 108(1)

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 29 June 2022; Ref: scu.223283

Commission v Implants: ECJ 24 Feb 2005

(Law Governing The Institutions) Arbitration clause – Reimbursement of an advance payment – Default interest – Default proceedings

Citations:

C-279/03, [2005] EUECJ C-279/03

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Commission v Implants ECJ 26-Jan-2006
26-Jan-06 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 29 June 2022; Ref: scu.222948

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

The court considered a complaint that the arbitration award was faulty or lack of jurisdiction under the agreement founding it.

Judges:

Mr Justice Colman

Citations:

[2004] EWHC 2909 (Comm), [2005] 1 Lloyd’s Law Reports 192

Links:

Bailii

Statutes:

Arbitration Act 1996 67

Jurisdiction:

England and Wales

Cited by:

See Also – Econet Wireless Ltd v Vee Networks Ltd and others ComC 28-Jun-2006
. .
See Also – Econet Satellite Services Ltd v Vee Networks Ltd ComC 13-Jul-2006
. .
Cited – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 28 June 2022; Ref: scu.221500

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration.
Held: The appeal failed. There was nothing in section 111(1) to prevent a party seeking arbitration and a stay for that arbitration.

Judges:

Brooke LJ, Clarke LJ, Neuberger LJ

Citations:

[2004] EWCA Civ 1757, Times 03-Jan-2005

Links:

Bailii

Statutes:

Arbitration Act 1996 9, Housing Grants, Construction and Regeneration Act 1996 111(1)

Jurisdiction:

England and Wales

Citing:

Cited – Halki Shipping Corporation v Sopex Oils Limited CA 19-Dec-1997
The court was aked whether there was a dispute sufficient to sustain a stay of court proceedings for arbitration under the Act.
Held: There was a dispute once money is claimed unless and until the defendants admit that the sum is due and . .
Approved – Amec Civil Engineering Ltd v The Secretary of State for Transport TCC 11-Oct-2004
The court affirmed an interim arbitration award as to jurisdiction in an arbitration commenced by the Secretary of State against the contractors in relation to work carried out by them on the Thelwall viaduct. The court identified seven applicable . .

Cited by:

Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Mentioned – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
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. . .
Lists of cited by and citing cases may be incomplete.

Construction, Arbitration

Updated: 28 June 2022; Ref: scu.220662

ABCI v Banque Franco Tunisienne and others: CA 5 Jul 2002

Renewed application for leave to appeal.

Citations:

[2002] EWCA Civ 1117

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice, Arbitration

Updated: 23 June 2022; Ref: scu.217338

Gold Coast Ltd v Caja De Ahorros Del Mediterraneo and others: ComC 2 May 2001

Citations:

[2001] EWHC 504 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Gold Coast Ltd v Caja De Ahorros Del Mediterraneo and others CA 6-Dec-2001
The banks appealed findings as to their liability to pay out under on-demand guarantees they had given in respect of stage payments for the construction of a ship. It was claimed that the delivery times had not been met, and the builder was in . .
Lists of cited by and citing cases may be incomplete.

Banking, Arbitration

Updated: 13 June 2022; Ref: scu.201702

Micula and Others v Romania and Another: ComC 20 Jan 2017

Judges:

Blair J

Citations:

[2017] EWHC 31 (Comm), [2017] WLR(D) 35, [2017] Bus LR 1147

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

See Also – Micula and Others v Romania ComC 15-Jun-2017
Claimant’s application for security or leave to appeal.
Held: Leave given. . .
See Also – Micula and Others v Romania CA 27-Jul-2018
Enforcement of an arbitration award given in accordance with the procedure laid down in the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States . .
At ComC – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU.
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 13 June 2022; Ref: scu.573749

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

Section 67(1)(a) applies both when a tribunal finds that it has jurisdiction and also when it declines jurisdiction. The respondent said that an informal agreement with the claimant to allow jurisdiction was limited to certain issues only. While an arbitral tribunal is entitled to determine whether it has jurisdiction, its decision on that issue is not binding on the parties.

Judges:

Lord Phillips MR, Pill, Keene LJJ

Citations:

[2001] 2 All ER (Comm) 97, [2001] EWCA Civ 788, [2001] CLC 1392, [2001] BLR 325, [2001] 4 All ER 875, (2001) 3 TCLR 22, [2001] 1 WLR 1892

Links:

Bailii

Statutes:

Arbitration Act 1996 67 73

Jurisdiction:

England and Wales

Jurisdiction, Arbitration

Updated: 11 June 2022; Ref: scu.201061

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

Judges:

Mr Justice Colman

Citations:

[2004] EWHC 245 (Comm)

Links:

Bailii

Statutes:

Arbitration Act 1996 67

Jurisdiction:

England and Wales

Cited by:

See also – Ronly Holdings Ltd. v Jsc Zestafoni G Nikoladze Ferroalloy Plant ComC 22-Jun-2004
. .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 09 June 2022; Ref: scu.193586