| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 254 (Oct) |
| Court: | Queen's Bench Division (Commercial Court) |
| Judge: | Morison J |
| Representation | Julian Flaux QC, Philip Jones QC, Justin Higgo and Jennifer Haywood (instructed by Ince & Co) for the claimants. |
| Graham Dunning QC and Jern-Fei Ng (instructed by Howes Percival) for the second defendant. | |
| Gordon Pollock QC, Nicholas Hamblen QC and Vernon Flynn (instructed by Lawrence Graham) for the third to seventeenth, and the nineteenth defendants. | |
| Judgment Dates: | 20 October 2006 |
Catchwords
Arbitration - Arbitration agreement - Charterparty - Claimant purporting to rescind contracts - Claimant contending agreements never validly entered into - Whether dispute within arbitration clause of charterparty.
The Case
A dispute over whether the claimants had ever validly concluded charter parties, in circumstances where they had rescinded those agreements on the basis of allegations of fraud by the defendants, did not fall within the arbitration and jurisdiction clauses of the charterparty.
Practice Areas
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