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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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