Frontier Agriculture Ltd v Bratt Brothers (a firm)

Frontier Agriculture Ltd v Bratt Brothers (a firm)

The appellant did not participate in the arbitration relating to Contract No. 2 and therefore did not lose the right to challenge the arbitrator's jurisdiction; given the evidentially sparse situation, the appellant showed a real prospect of success in disputing the existence of Contract No. 2, so the order granting enforcement of the award was set aside.

Parties
Claimant/respondent: Frontier Agriculture Limited; Defendant/appellant: Bratt Brothers (a firm) / Mr Rowland Bratt
Jurisdiction
England and Wales
Judgment Date
25 June 2015
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) Decision on Enforcement of Arbitration Award
Outcome
Appeal allowed; order granting enforcement of the arbitration award set aside.
Legal Topics
Enforcement of Arbitral Awards, Jurisdiction of Arbitrator, Loss of Right to Object, Existence of Contract, Time Limits in Arbitration
Arbitration Contract Law Civil Procedure Enforcement of Arbitral Awards Jurisdiction of Arbitrator Loss of Right to Object Existence of Contract Time Limits in Arbitration

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Parties

Frontier Agriculture Limited

Claimant/respondent

Bratt Brothers (a firm) / Mr Rowland Bratt

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) Decision on Enforcement of Arbitration Award

Legal Issues

  1. 1 Whether the appellant participated in the arbitration so as to lose the right to challenge the arbitrator's jurisdiction under section 73 of the Arbitration Act 1996
  2. 2 Whether there was a real prospect of success in disputing the existence of Contract No. 2
  3. 3 Whether procedural objections regarding time limits could be raised at the enforcement stage

Ratio Decidendi

The appellant did not participate in the arbitration relating to Contract No. 2 and therefore did not lose the right to challenge the arbitrator's jurisdiction; given the evidentially sparse situation, the appellant showed a real prospect of success in disputing the existence of Contract No. 2, so the order granting enforcement of the award was set aside.

Court Disposition

Appeal allowed; order granting enforcement of the arbitration award set aside.