Source: All England Reporter
Publisher Citation: [2009] All ER (D) 10 (Jul)
Court: Court of Appeal, Civil Division

Thorpe, Longmore LJJ and Bodey J (judgment delivered extempore)

Representation Max Mallin (instructed by Teacher Stern) for the claimants.
  Zoe O'Sullivan (instructed by DKLM Solicitors LLP) for the defendants.
Judgment Dates: 1 July 2009


Arbitration - Award - Appeal - Beth Din - First defendant sole director of company of which second defendant secretary - Disputes arising in relation to whether and extent to which company indebted to defendants - Disputes being referred to Beth Din - Beth Din making award in favour of claimant - Defendants unsuccessfully applying to set aside order enforcing award - Defendants appealing - Whether award unenforceable.

The Case

Arbitration Award. Court of Appeal, Civil Division: An appeal against a decision by the Beth Din refusing to set aside an order enforcing an award in favour of the claimants was dismissed. On the true construction of the award, there had been no uncertainty or ambiguity, as contended by the defendants, about the award. It was valid and enforceable and, in absence of any challenge to jurisdiction, would therefore take effect.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.