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30 March 2007
Issue: 7266 / Categories: Case law , Law digest
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Appeal

Sumukan Ltd v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar)

(i) The Court of Appeal has jurisdiction to consider an appeal from the High Court about the existence of an agreement excluding the right of appeal under the Arbitration Act 1996 (AA 1996), s 69(1). There is a distinction between those cases where the court is assisting or overseeing the
arbitration process and those cases where the question is whether or not the jurisdiction of the court has been excluded. In the context of s 69, there is a distinction between a decision about whether or not the parties have agreed to exclude the court and—if they have not—the decision about whether or not to grant or refuse permission to appeal. Until the court has decided whether or not there is an exclusion agreement, it does not engage on the considerations relevant to the question whether or not permission to appeal should be refused or granted.

(ii) As a matter of domestic law, a contract might incorporate by reference an exclusion agreement limiting the

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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