| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 171 (Feb) |
| Neutral Citation: | [2010] EWHC 195 (Comm) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | Burton J |
| Representation | Stewart Boyd QC and Chiray Karia (instructed by Davies Johnson & Co, Plymouth) for the claimant. |
| Timothy Young QC (instructed by Vinson & Elkins RLLP) for the defendant. | |
| Judgment Dates: | 12 February 2010 |
Catchwords
Arbitration - Arbitrator - Jurisdiction - Parties entering into two agreements - One agreement containing arbitration clause the other not - Disputes arising - Referral to arbitration - Whether arbitrator having jurisdiction to hear defendant's counterclaim in relation to agreement not covered by arbitration clause.
The Case
Arbitration Arbitrator. The Queen's Bench Division, Commercial Court, held that the claimant's submission under of the Arbitration Act 1996 that an arbitrator did not have jurisdiction to hear certain counterclaimed issues would be dismissed as the evidence showed that those issues arose out of or were related to the main issue that was determined under the arbitration and thus formed part of the history of the proceedings.
Practice Areas
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