Royal & Sunalliance Insurance Plc v BAE Systems (Operations) Ltd & Ors [2008] EWHC 743 (Comm) (15 April 2008)

Royal & Sunalliance Insurance Plc v BAE Systems (Operations) Ltd & Ors [2008] EWHC 743 (Comm) (15 April 2008)

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

Citation
[2008] EWHC 743 (Comm)
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 Court Application Regarding Arbitral Award / Determination of Whether Leave of Court Is Required for Appeal Under S 69(2)(b) Arbitration Act 1996
Outcome
Application granted; leave of the court is not required for appeal under s 69(2)(a) Arbitration Act 1996 in this case.
Legal Topics
Appeals on Point of Law in Arbitration, Interpretation of Arbitration Agreements, Waiver of Appeal Rights Under Institutional Rules
Arbitration Commercial Law Insurance Law Appeals on Point of Law in Arbitration Interpretation of Arbitration Agreements Waiver of Appeal Rights Under Institutional Rules

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 Court Application Regarding Arbitral Award / Determination of Whether Leave of Court Is Required for Appeal Under S 69(2)(b) Arbitration Act 1996

Legal Issues

  1. 1 Whether clause 5(iii) of the Disputes Resolution Agreement constitutes an agreement under s 69(2)(a) Arbitration Act 1996 dispensing with the need for leave to appeal on a question of law from an arbitral award
  2. 2 Whether the incorporation of LCIA rules and the DRA affects the right to appeal under s 69

Ratio Decidendi

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

Court Disposition

Application granted; leave of the court is not required for appeal under s 69(2)(a) Arbitration Act 1996 in this case.

Orders

  • It is declared that Royal & Sun may appeal on a question of law from the arbitral award without leave of the court under s 69(2)(a) Arbitration Act 1996.