Royal & Sunalliance Insurance Plc v BAE Systems (Operations) Ltd & Ors

Royal & Sunalliance Insurance Plc v BAE Systems (Operations) Ltd & Ors

Clause 5(iii) of the DRA, by its ordinary meaning, constitutes an agreement by all parties that an appeal on a question of law may be brought, thereby dispensing with the need for leave under s 69(2)(b) Arbitration Act 1996.

Parties
Claimant: Royal & SunAlliance Insurance plc; First Defendant: BAE Systems (Operations) Ltd; Second Defendant: Systems 2001 Asset Trust Funding Ltd; Third Defendant: BAE Systems Insurance (Isle of Man) Ltd
Jurisdiction
England and Wales
Judgment Date
15 April 2008
Procedural Posture
Commercial Arbitration Appeal / Application for Leave to Appeal Under S 69 Arbitration Act 1996
Outcome
Application allowed; leave to appeal is not required under s 69(2)(b) Arbitration Act 1996.
Legal Topics
Appeal on Point of Law Under Arbitration Act 1996 S 69, Interpretation of Arbitration Agreements, Effect of Institutional Rules on Statutory Rights of Appeal
Arbitration Commercial Law Appeal on Point of Law Under Arbitration Act 1996 S 69 Interpretation of Arbitration Agreements Effect of Institutional Rules on Statutory Rights of Appeal

Case Brief

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Parties

Royal & SunAlliance Insurance plc

Claimant

BAE Systems (Operations) Ltd

First Defendant

Systems 2001 Asset Trust Funding Ltd

Second Defendant

BAE Systems Insurance (Isle of Man) Ltd

Third Defendant

Procedural Posture

Commercial Arbitration Appeal / Application for Leave to Appeal Under S 69 Arbitration Act 1996

Legal Issues

  1. 1 Whether clause 5(iii) of the Disputes Resolution Agreement constitutes an agreement dispensing with the need for leave to appeal under s 69(2)(b) Arbitration Act 1996
  2. 2 Whether the parties' agreement overrides the waiver of appeal in LCIA rules

Ratio Decidendi

Clause 5(iii) of the DRA, by its ordinary meaning, constitutes an agreement by all parties that an appeal on a question of law may be brought, thereby dispensing with the need for leave under s 69(2)(b) Arbitration Act 1996.

Court Disposition

Application allowed; leave to appeal is not required under s 69(2)(b) Arbitration Act 1996.

Orders

  • It is declared that Royal & SunAlliance Insurance plc does not require leave of the court to appeal under s 69 of the Arbitration Act 1996.