header-logo header-logo

Losing the right to arbitrate

19 July 2007 / James Levy
Issue: 7282 / Categories: Features , Commercial
printer mail-detail

An arbitration agreement is a contract just like any other, argues James Levy

The question in Downing v Al Tameer Establishment [2002] EWCA Civ 721, [2002] All ER (D) 342 (May), was whether or not the issuing of court proceedings amounted to an acceptance by the claimant of a repudiatory breach by the defendant of the arbitration agreement.

In Downing, the claimant alleged that there was an underlying contract between the claimant and the defendant, which contained an arbitration agreement. A dispute arose between the parties under the underlying contract. The claimant, on a number of occasions, attempted to invoke the arbitration procedure set out in the arbitration agreement. That procedure required the parties to agree to the appointment of the individual arbitrators that would make up the tribunal. In response the defendant asserted, and continued to assert throughout, that he was not a party to the underlying contract—and, by implication, the arbitration agreement contained within that underlying contract.

After much correspondence, the claimant accepted the defendant’s repudiatory breach of the underlying

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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll