header-logo header-logo

Arbitration

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll