header-logo header-logo

Arbitration

26 April 2013
Issue: 7557 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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