Law digests: 9 December 2022

Arbitration

DHL Project & Chartering Ltd v Gemini Ocean Shipping Co. Ltd [2022] EWCA Civ 1555, [2022] All ER (D) 77 (Nov)

The Court of Appeal, Civil Division, dismissed the appellant’s appeal against the decision of the Commercial Court that the arbitrator had no jurisdiction. The issue on the appeal was whether a proposed charterparty which was expressly stated to be ‘subject shipper/receivers approval’ contained a binding arbitration agreement conferring jurisdiction on an arbitrator to determine whether the charterparty contract had been concluded. The court held, among other things, that the judge was right to conclude that the arbitrator had no substantive jurisdiction and that his award should be set aside pursuant to s 67 of the Arbitration Act 1996.

Consumer credit

Steiner (on her own behalf and as executor and personal representative of the estate of Paul Steiner) v National Westminster Bank plc [2022] EWHC 2519 (KB), [2022] All ER (D) 80 (Nov)

The King’s Bench Division dismissed the claimant’s (Mrs S’s) appeal against the judge’s decision, on a preliminary