Source: All England Reporter
Publisher Citation: [2001] All ER (D) 342 (Nov)
Court: Queen's Bench Division, Commercial Court
Judge:

Aikens J
Representation Robert Akenhead QC and Manus McMullan (instructed by Herbert Smith) for R Ltd.
  Simon Crookenden QC (instructed by R S Prabhu & Co, India) for O Ltd.
  Iain Milligan QC and Malcom Jarvis (instructed by Linklaters & Alliance) for E Ltd.
Judgment Dates: 20 November 2001

Catchwords

Arbitration - Award - Leave to appeal against award - Claimant seeking to appeal against award made in respect of joint operating agreements governed by law of India - Arbitration heard in London - Arbitrators applying settled English law to Indian contract - Whether appeal raising question of law of England or Wales - s 82(1).

The Case

Where an arbitration took place in London, but the parties had agreed that the contracts were to be governed by the law of India, no question of law of England and Wales arose under s82(1) of the even though the arbitrators had taken principles of construction settled under English law in order to construe the contracts in question. Accordingly, the Commercial Court did not have any power to grant permission to appeal under s69(1) of the 1996 Act.

Practice Areas

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