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26 April 2013
Issue: 7557 / Categories: Case law , Law digest , In Court
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Arbitration

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others [2013] EWCA Civ 367, [2013] All ER (D) 115 (Apr)

Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 provided that the third party was to be treated as a party to the arbitration agreement with regard to disputes between himself and the promisor relating to the enforcement of the substantive term by the third party. It was thus not in respect of all disputes arising out of or in connection with the agreement that the third party was to be treated as a party to the arbitration clause, but only disputes relating to the enforcement of the particular substantive term of which the third party had the benefit. Neither the language of the Arbitration Act 1996 nor the language of the 1999 Act justified a stay extending beyond the dispute so far as it concerned the entitlement of the third party to avail himself of the contractual defence. That would give rise to the wholly unsatisfactory prospect of

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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