Konig & Anor v Zwiebel & Anor [2009] EWCA Civ 892 (01 July 2009)

Konig & Anor v Zwiebel & Anor [2009] EWCA Civ 892 (01 July 2009)

The award, properly construed in light of the history and the arbitrators' clarification, was valid and enforceable; any challenge to jurisdiction was out of time as clarification was communicated by 30 October 2008.

Citation
[2009] EWCA Civ 892
Parties
Appellants: Konig & Anr; Respondents: Zwiebel & Anr
Jurisdiction
England and Wales
Judgment Date
01 July 2009
Procedural Posture
Appeal / Appeal From Order Refusing to Set Aside Enforcement of Arbitration Award
Outcome
Appeal dismissed
Legal Topics
Enforcement of Arbitration Awards, Jurisdiction of Arbitrators, Interpretation of Arbitral Awards, Time Limits for Challenging Awards
Arbitration Civil Procedure Commercial Law Enforcement of Arbitration Awards Jurisdiction of Arbitrators Interpretation of Arbitral Awards Time Limits for Challenging Awards

Case Brief

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Parties

Konig & Anr

Appellants

Zwiebel & Anr

Respondents

Procedural Posture

Appeal / Appeal From Order Refusing to Set Aside Enforcement of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award was ambiguous or uncertain and thus unenforceable
  2. 2 Whether the award was performable only at the option of the respondents
  3. 3 Whether clarification of the award was properly communicated and when the time for challenge began

Ratio Decidendi

The award, properly construed in light of the history and the arbitrators' clarification, was valid and enforceable; any challenge to jurisdiction was out of time as clarification was communicated by 30 October 2008.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order of Field J enforcing the arbitration award stands