header-logo header-logo

22 September 2017
Issue: 6672 / Categories: Case law , Law digest , In Court , ADR
printer mail-detail

Arbitration

Bony v Kacou and others [2017] EWHC 2146 (Ch), [2017] All ER (D) 44 (Sep)

The court would not imply, by operation of law, a contract between participants in an organised sport based on the rules that governed that sport. The court could imply such a contract, depending on all the relevant facts and circumstances. So held the Chancery Division in dismissing the defendants’ appeal against the district judge’s dismissal of their application to stay proceedings brought by the claimant footballer against them. The defendant agents and associated companies had applied for a stay on the basis that the dispute should be determined by arbitration, under the Football Association Rules.

The court held that, in circumstances where the express agreements between the relevant parties did not contain arbitration provisions, the defendants had failed to establish an implied agreement that incorporated the FA Rules and that the district judge had been right to refuse to stay the proceedings by reference to s 9 of the Arbitration Act 1996.

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

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
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
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
back-to-top-scroll