Law digests: 24 March 2023

Arbitration

National Iranian Oil Co v Crescent Petroleum Company International Ltd and another company [2022] EWHC 1645 (Comm), [2022] All ER (D) 125 (Jun)

The Commercial Court refused the respondent’s application for permission to appeal against an award under s 69 of the Arbitration Act 1996 (AA 1996). The dispute between the parties arose under a gas sales and purchase contract (GSPC) whereby the respondent agreed to supply and sell, and the first applicant agreed to purchase, specified quantities of natural gas for a 25-year period. The respondent failed to deliver the gas and the applicants terminated the GSPC and commenced arbitration. The court held, among other things, that (i) the parties were to be regarded as having preserved their right of appeal under s 69, AA 1996; and (ii) permission to appeal had to be refused on the basis that not all of the statutory hurdles within AA 1996 had been met, specifically the requirement that it had to be shown that the tribunal’s decision was obviously wrong.

Defamation

Banks v Cadwalladr