Tag: Arbitration

Birtley and District Co-operative v Wendy Nook and District Industrial Co-operative Society: 1960

Two co-operative societies disputed the areas they were to cover, and went to arbitration. The dispute was followed by an award.
Held: ‘There is nothing on the face of the award to indicate that it is an unreasonable restraint of trade, against the interest of the parties or the public. And in my view, I am not entitled to look behind the award and become in effect an appellate tribunal from the arbitrators.’

Judges:

Streatfield J

Citations:

[1960] 2 QB 1

Jurisdiction:

England and Wales

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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 12 April 2022; Ref: scu.219318

Wealands v CLC Contractors Ltd, Key Scaffolding Ltd and another, Third Parties: CA 16 Nov 1999

Under a standard form arbitration reference, an arbitrator had the power to make an award for a contribution under the Act. A reference to arbitration under the laws of England meant that all such laws could be applied by the arbitrator as proper.

Citations:

Times 16-Nov-1999

Statutes:

Civil Liability (Contributions) Act 1978

Jurisdiction:

England and Wales

Cited by:

See Also – Wealands (Widow and Administratrix of the Estate of Brian Wealands Deceased) v CLC Contractors Limited and Key Scaffolding Limited ; Alan C Bennett and Sons Limited Parties CA 22-Jul-1999
The standard terms of an appointment of an arbitrator as between a contractor and sub-contractor gave the arbitrator power to make an order under the Act awarding a contribution from a third party not involved in the initial arbitration. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 10 April 2022; Ref: scu.90341

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

When a party applies to the court to appoint an arbitrator, after some long delay, the court should consider whether first the dispute was likely to be resolved by the arbitration process, and second whether the delay was undue. The Act was intended to assist the process of arbitration, and should be used accordingly. In this case both the request for arbitration and the application remained within the limitation period.

Citations:

Times 21-Jul-2000

Statutes:

Arbitration Act 1996 18

Arbitration

Updated: 09 April 2022; Ref: scu.85632

Poseidon Schiffahrt Gmbh v Nomadic Navigation Co Ltd: Admn 1 Aug 1997

Agreement for arbitration before the 1979 Arbitration Act can dispense with need for leave to appeal against arbitration to the High Court – Whether there is a due diligence obligation on owners in respect of defects arising on delivery, construction at clause 3(i), off-hire clause: meaning of ‘from a position not less favourable to charterers’ Whether consent to appeal without leave of the Court can be incorporated in an arbitration agreement pre-dating the commencement of the arbitration: section 1(3) Arbitration Act 1979.

Citations:

Times 09-Oct-1997, [1998] 1 Lloyd’s Rep 57, [1997] CLC 1542

Statutes:

Arbitration Act 1979 1(3)

Arbitration

Updated: 09 April 2022; Ref: scu.84807

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

A party accepting arbitration within one country took also that country’s system for supervising the process of arbitration, and enforcing any awards made.
ComC 1. Application of section 103(2)(c) Arbitration Act 1996. Applicant’s submission that it had no opportunity to meet the claim against it in the course of the arbitration. Enforcement must have been prevented by matters outside control. 2. Application and proper contribution of section 103(2)(c) of the Arbitration Act 1996 whether it relates to the tribunal’s non-compliance with agreed rules of procedure. Waiver of procedural irregularity. 3. Whether enforcement of award contrary to public policy if the award arose from a defect in procedure. Policy of New York convention and English as to finality of judgments of courts of sent of arbitration in their supervisory capacity.

Judges:

Colman J

Citations:

Times 01-Mar-1999, [1999] 1 All ER (Comm), [1999] CLC 647, Independent 02-Feb-1999

Arbitration

Updated: 09 April 2022; Ref: scu.83749

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

Parties submitting a dispute to arbitration have the power also to agree that neither should have the power to challenge the decision of the arbitrator in court. That had been the position at common law, and this had survived the Act. The agreement can be ad hoc and informal.

Citations:

Times 23-Feb-2001

Statutes:

Arbitration Act 1996

Citing:

Appealed to – LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another CA 6-Jun-2001
The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to . .

Cited by:

Appeal from – LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another CA 6-Jun-2001
The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 09 April 2022; Ref: scu.83059

Laker Airways Inc v FLS Aerospace Ltd and Another: ComC 21 May 1999

A barrister, appointed to act in an arbitration, was not to be prevented from acting, because another barrister in the same set acted for one of the parties. The conditions for removal of an arbitrator was as to the objective presence of bias.

Judges:

Rix J

Citations:

Times 21-May-1999, [2000] 1 WLR 113, [1999] 2 Lloyd’s Rep 45, [1999] CLC 1124, Independent 24-May-1999

Statutes:

Arbitration Act 1996 24(1)(a)

Cited by:

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.

Legal Professions, Arbitration

Updated: 09 April 2022; Ref: scu.82900

Herschel Engineering Ltd v Breen Property Ltd: QBD 10 May 2000

A decision of an adjudicator given under the section was not final. It was not in the nature of an arbitration and therefore an appeal against the adjudication did lie to the County Court. A court would not normally allow the same issue to be determined both by the arbitrator and a court, but an adjudication could typically be challenged itself by an arbitration, or by a court, or otherwise as by agreement.

Citations:

Times 10-May-2000

Statutes:

Housing Grants Construction and Regeneration Act 1996, Scheme for Construction Contracts (England and Wales) Regulations 1998 (1988 No 649)

Arbitration, Local Government, Construction

Updated: 08 April 2022; Ref: scu.81345

Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997

The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place.

Citations:

Gazette 16-Jul-1997, Times 13-Oct-1997, [1998] 1 Lloyd’s Rep 465

Statutes:

Arbitration Act 1996 9(4)

Citing:

Appealed to – 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 . .

Cited by:

Appeal from – 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 . .
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.

Arbitration

Updated: 08 April 2022; Ref: scu.81156

Fletamentos Maritimos Sa v Effjohn Internation Bv (2): QBD 8 Oct 1996

A judge has the power to intervene in an arbitration even at interlocutory stage but should do so only rarely.

Citations:

Times 08-Oct-1996

Citing:

See Also – Fletamentos Maritimos Sa v Effjohn Internation Bv (1) ComC 23-Jan-1996
ComC Arbitration – arbitration clause – further agreement subsequent to arbitration clause – incorporation of arbitration clause – separate agreement . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 08 April 2022; Ref: scu.80599

PY v EUCAP Sahel Niger: ECFI 12 Apr 2018

External Relations – Judgment – Arbitration clause – Staff of the European Union’s international missions – Disputes concerning employment contracts – Internal investigation procedures – Protection of victims in case of denunciation of a situation of harassment – Contractual liability

Citations:

ECLI:EU:T:2018:181, [2018] EUECJ T-763/16

Links:

Bailii

Jurisdiction:

European

Arbitration, Employment

Updated: 07 April 2022; Ref: scu.608646

Michael Wilson and Partners Ltd v Emmott: CA 31 Jan 2018

The court was asked whether the claimant is, as the judge below held, entitled to an anti-suit injunction restraining the defendant from pursuing foreign proceedings in view of an arbitration agreement between them governed by the law of England and Wales and the arbitration which has been completed in London pursuant to that agreement.

Judges:

Sir Terence Etherton MR

Citations:

[2018] EWCA Civ 51

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration, International

Updated: 04 April 2022; Ref: scu.604147

Alfamicro v Commission (Research and Technological Development): ECFI 14 Nov 2017

ECJ Judgment – Arbitration clause – Grant agreement concluded under the Competitiveness and Innovation Framework Program (CIP) (2007-2013) – Audit report – Eligible costs – Repayment of amounts paid – Proportionality – Legitimate expectations – Security legal basis – Principle of good administration – Obligation to state reasons – Adaptation of findings in the course of proceedings – Compensation of claims – Counterclaim – Default interest

Citations:

T-831/14, [2017] EUECJ T-831/14

Links:

Bailii

Jurisdiction:

European

Arbitration

Updated: 01 April 2022; Ref: scu.599665

Jacobs UK Ltd v Skanska Construction UK Ltd: TCC 29 Sep 2017

Application by Jacobs against Skanska for an injunction to restrain Skanska from proceeding with an adjudication, following Skanska’s withdrawal from an earlier adjudication in respect of the dispute between the parties.

Judges:

O’Farrell DBE J

Citations:

[2017] EWHC 2395 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 30 March 2022; Ref: scu.595940

Bernard Sport Surfaces Ltd v Astrosoccer4U Ltd: TCC 8 Sep 2017

Application to enforce arbitration award, and application by Bernhards to be allowed to continue with the enforcement proceedings as a result of the notice of intention to appoint and administrator which was served after close of business

Judges:

Coulson J

Citations:

[2017] EWHC 2425 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 30 March 2022; Ref: scu.595938

Seatrade Group Nv v Hakan Agro Dmcc, Re The Aconcagua Bay: ComC 26 Mar 2018

The court was asked in the context of an arbitration awrd, whether the warranty in a voyage charterparty that a berth is ‘always accessible’ means that the vessel is always able not only to enter but also to leave the berth.

Citations:

[2018] EWHC 654 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Arbitration

Updated: 30 March 2022; Ref: scu.606869

Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd: ComC 11 Apr 2017

Two applications by the claimant, which by these proceedings seeks to enforce under the New York Convention and s.101 of the Arbitration Act 1996 an arbitration award dated 14 November 2014 in an ICC arbitration seated in Paris.

Judges:

Andrew Baker J

Citations:

[2017] EWHC 797 (Comm), [2017] WLR(D) 267

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Arbitration, International

Updated: 24 March 2022; Ref: scu.581957

P v Q and Others: ComC 9 Feb 2017

Application by the Claimant to remove the Second and Third Defendants as arbitrators for failing properly to conduct proceedings

Judges:

Popplewell J

Citations:

[2017] EWHC 194 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – P v Q and Others ComC 3-Feb-2017
Application by the Claimant for disclosure of documents in support of the Claimant’s application to remove the Second and Third Defendants as arbitrators for misconduct . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 24 March 2022; Ref: scu.581364

Symbion Power Llc v Venco Imtiaz Construction Company: TCC 10 Mar 2017

Application under s. 68(2)(d) of the Arbitration Act 1996 in which the Claimant alleges serious irregularity in the Award of an arbitral tribunal because the tribunal failed to deal with all the issues that were put it.

Judges:

Jefford J

Citations:

[2017] EWHC 348 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Arbitration

Updated: 23 March 2022; Ref: scu.580907

Universiteit Antwerpen v Rea: ECFI 1 Mar 2017

ECJ Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Marie Curie actions – Early-stage researchers – Call for proposals FP7-People-ITN-2008 – Grant agreements – Eligible costs – Recovery of sums paid – Concept of hosting researchers – Proportionality

Citations:

T-208/15, [2017] EUECJ T-208/15, ECLI:EU:T:2017:136

Links:

Bailii

Jurisdiction:

European

Arbitration

Updated: 09 February 2022; Ref: scu.579688

Synergy Hellas v Commission: ECJ 26 Jan 2017

(Order) Appeal – Article 181 of the Rules of Procedure of the Court of Arbitration) – Arbitration clause – Contract ‘Multi-level patient-specific artery and artherogenesis model for outcome prediction, decision support and virtual hand-on training (ARTreat) Framework for the Seventh Framework Program for Research, Technological Development and Demonstration Activities (2007-2013) – Termination of this contract due to irregularities in the execution of another contract with the European Commission – Good Faith – Legitimate expectation of non-termination

Citations:

ECLI:EU:C:2017:57, [2017] EUECJ C-45/16 – CO

Links:

Bailii

Jurisdiction:

European

Arbitration

Updated: 29 January 2022; Ref: scu.573892

Anko v Commission T-771/14: ECFI 25 Jan 2017

ECJ (Judgment) Arbitration clause – Grant agreement concluded under the Sixth Framework Program for Research, Technological Development and Demonstration Activities (2002-2006) – Doc@Hand Project – Eligible costs – Counterclaim – Reimbursement of amounts paid – Default interes

Citations:

ECLI:EU:T:2017:27, [2017] EUECJ T-771/14

Links:

Bailii

Jurisdiction:

European

Arbitration

Updated: 29 January 2022; Ref: scu.573732

Anko v Commission T-768/14: ECFI 25 Jan 2017

ECJ (Judgment) Arbitration clause – Grant agreement concluded within the framework of the Seventh Framework Program for Research, Technological Development and Demonstration Activities (2007-2013) – Pocemon Project – Eligible costs – Counterclaim? Repayment of amounts paid – Interest on arrears

Citations:

ECLI:EU:T:2017:28, [2017] EUECJ T-768/14

Links:

Bailii

Jurisdiction:

European

Arbitration

Updated: 29 January 2022; Ref: scu.573731

GPF Gp Sarl v The Republic of Poland: ComC 2 Mar 2018

Brian J
[2018] EWHC 409 (Comm), [2018] WLR(D) 137
Bailii, WLRD
England and Wales
Cited by:
Princial judgment – GPF GP SARl v The Republic of Poland (601) ComC 2-Mar-2018
Request for leave to appeal from successful arbitral jurisdiction challenge . .

Lists of cited by and citing cases may be incomplete.

International, Arbitration

Updated: 27 January 2022; Ref: scu.606423

Yegiazaryan v Smagin: CA 19 Dec 2016

Appeal against order rejecting challenge to arbitration award.
Held: The particular clause at issue was not in fact entirely clear, but the judge having heard the evidence had been entitled to conclude as he did that the clause amounted to an agreement to arbitrate.

Lord Dyson MR, Elias, Beatson LJJ
[2016] EWCA Civ 1290
Bailii
England and Wales
Citing:
Appeal from – A v B ComC 9-Jul-2015
Challenge to arbitration award – made without jurisdiction.
Held: Rejected. Mr. A signed the 2008 Agreement. Article 2.10 of that agreement contained an arbitration clause which bound Mr. A and conferred jurisdiction on the LCIA tribunal. The . .

Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 27 January 2022; Ref: scu.572425

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd and Another: ComC 7 Dec 2016

Appeal from an arbitration award concerning the true construction of clause 8(d) of the Inter-Club Agreement 1996 (‘the ICA’). Specifically, the issue is whether the term ‘act’ in the phrase ‘act or neglect’ means a culpable act in the sense of fault or whether it means any act, whether culpable or not.

[2016] EWHC 3132 (Comm)
Bailii
England and Wales

Arbitration

Updated: 27 January 2022; Ref: scu.572298

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 such proceedings are in breach of arbitration agreement(s) to which the claimant is a party.

O’Farrell J
[2016] EWHC 3010 (Comm)
Bailii
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 . .
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. . .

Cited by:
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: 27 January 2022; Ref: scu.572292

Al-Waddan Hotel Ltd v Man Enterprise Sal (Offshore): TCC 12 Dec 2014

‘dispute between Al-Waddan Hotel Limited (‘Al-Waddan’) and MAN Enterprise SAL (‘MAN’) in respect of whether or not an arbitrator had jurisdiction to continue with the arbitration between the two of them, in which MAN Enterprise SAL are the claimants and Al-Waddan Hotel Limited are the defendants. The alleged lack of jurisdiction turns on whether a notice of decision of the Engineer, DAR Al Handasah (‘DAR’), is a binding condition precedent and MAN are required to await the full contractual period before the dispute can go to arbitration.’

[2014] EWHC 4796 (TCC)
Bailii

Arbitration

Updated: 22 January 2022; Ref: scu.569072

Broughton Brickwork Ltd v F Parkinson Ltd: TCC 21 Oct 2014

‘application for summary judgment to enforce a decision of an adjudicator, Mr Paul Greenwood, made on 4th September 2014, in which he decided that the defendant should pay the claimant andpound;96,000 odd including interest. The defendant’s case is that there should be no enforcement of that decision because there was a real and a serious breach of natural justice. In short, it is submitted by the defendant’s counsel, Miss Day QC, that this is a case where something has genuinely gone seriously wrong, and where what has occurred was not rough justice, which she accepts cannot prevent a decision being enforced, but no justice at all. The defendant’s first specific complaint is that the adjudicator decided a particular point which was of considerable importance to the determination of the dispute on a basis which was not the way in which the parties had argued it, and without first giving the parties the opportunity to comment. Its second complaint is that in deciding that point the adjudicator failed, through inadvertence, to address a particular document which the defendant had placed before him and which, had he considered it, would have led to his reaching a different conclusion in the defendant’s favour, as indeed says the defendant the adjudicator has subsequently acknowledged.’

Stephen Davies HHJ
[2014] EWHC 4525 (TCC)
Bailii

Arbitration, Natural Justice

Updated: 22 January 2022; Ref: scu.569070

Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016

The question of law which arises on these arbitration appeals is as follows: ‘Where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for the owner to prove that the underperformance resulted from compliance with the time charterer’s orders?’

Phillips J
[2016] EWHC 1506 (Comm)
Bailii
Arbitration Act 1996 69

Arbitration, Transport

Updated: 18 January 2022; Ref: scu.566292