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13 December 2007 / Louis Flannery KC
Issue: 7301 / Categories: Features
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Praise the lords!

Louis Flannery salutes a “fresh start” in arbitration

In a judgment that will undoubtedly be extremely well received by the international arbitration community, the House of Lords in Fiona Trust Holding Corp and others v Privalov and others [2007] UKHL 40, [2007] All ER (D) 233 (Oct) has given an unqualified endorsement to the idea of arbitrators deciding upon their own jurisdiction, even in cases where one party to the contract alleges it was procured by fraud and bribery. The law lords unanimously dismissed an appeal from the Court of Appeal’s judgment in January (see NLJ, 13 April 2007, pp 508–09).

BACKGROUND

The contracts here were time charterparties. It was alleged by the shipowner-claimants that the charters had been procured by bribery of the claimants’ former personnel. Proceedings were started in the High Court against the charterers, seeking inter alia declarations that the time charters had been validly rescinded.

Although the charters were subject to the jurisdiction of the English courts, either party had the right to elect to refer any dispute to arbitration

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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