| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 143 (May) |
| Neutral Citation: | [2012] EWCA Civ 637 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Roger John Thomas P, Lloyd and Aikens LJJ |
| Representation | Alexander Gunning (instructed by Gordons Partnership LLP) for the claimant. |
| Thomas Raphael (instructed by Hill Dickinson LLP) for the defendant. | |
| Judgment Dates: | 16 May 2012 |
Catchwords
Arbitration - Award - Interim award - Parties entering arbitration including Coffee Trade Federation Rules - Appointed umpire reaching decision in defendant's favour - Claimant appealing to board of appeal - Board of appeal making interim awards - Final award not being issued as fees and payments not being made within time - Claimant seeking declaration interim awards final and binding - Defendant contending withholding of final award rendering interim awards non-enforceable - Judge finding interim awards enforceable - Whether judge erring - , , .
The Case
Arbitration Award. The Court of Appeal, Civil Division, upheld a decision that interim arbitral awards made by a board of appeal appointed by the parties under the Rules of the Coffee Trade Federation, had been final and binding notwithstanding that a final award had not been deemed as taken up by the parties by their failure to pay fees within the required time period.
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