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Arbitration

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

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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