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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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