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in the High Court against the charterers, seeking inter alia declarations that the time charters had been validly rescinded.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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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