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08 January 2010
Issue: 7399 / Categories: Case law , Law digest
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Arbitration

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

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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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