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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll