header-logo header-logo

Arbitration

08 January 2010
Issue: 7399 / Categories: Case law , Law digest
printer mail-detail

Broda Agro Trade (Cyprus) Ltd v Alfred C. Toepfer International GmbH [2009] EWHC 3318 (Comm), [2009] All ER (D) 176 (Dec)

A person might inform an arbitration tribunal of his view that the tribunal lacked jurisdiction without being held to have taken part in the arbitration proceedings.

However, if he made submissions to the tribunal for it to take into account when exercising its jurisdiction to rule on its own substantive jurisdiction, he risked being held to have taken part in the arbitration proceedings. Section 72 of the Arbitration Act 1996 stated that the condition to be satisfied by a person wishing to avail himself of that section was that he “takes no part in the proceedings”.

It did not state in terms that the condition to be satisfied was that he “takes no part in the proceedings in order to challenge the jurisdiction of the arbitration”. There was no reason to imply any such condition. Section 72 provided that a person who took no part in the arbitration proceedings might question the jurisdiction of the tribunal by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll