Arbitration
Bugsby Property Llc and another company v Omni Bridgeway (Fund 5) Cayman Investments Ltd and another company [2024] EWHC 2986 (Comm)
The claimants failed to show a good arguable case that clause 19.2 of the variation agreement is an arbitration agreement and the application falls to be dismissed. Even if clause 19.2 is an arbitration agreement, the claimants failed to show a good arguable case that the tribunal has jurisdiction under clause 19.2 to determine the disputes, in circumstances where an arbitration has already been commenced by the first defendant under s 10.2 of the Omni Litigation Funding Agreement (Omni LFA). Alternatively, the court declined to exercise its discretion under s 18 of the Arbitration Act 1996 to appoint an arbitrator in the circumstances.
Contract
Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union; Revenue and Customs Commissioners v Public and Commercial Services Union; Secretary of State for the Home Department v Public and Commercial Services Union [2024] UKSC 41
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