header-logo header-logo

13 December 2007 / Louis Flannery KC
Issue: 7301 / Categories: Features
printer mail-detail

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in the High Court against the charterers, seeking inter alia declarations that the time charters had been validly rescinded.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

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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll