Frontier Agriculture Ltd v Bratt Brothers (a firm) [2015] EWCA Civ 611 (25 June 2015)

Frontier Agriculture Ltd v Bratt Brothers (a firm) [2015] EWCA Civ 611 (25 June 2015)

The appellant did not participate in the arbitration under Contract No. 2, thus did not lose the right to challenge the arbitrator's jurisdiction regarding that contract. The appellant's denial of the contract, in the evidential circumstances, raised a real prospect of success. Therefore, the order enforcing the arbitration award was set aside.

Citation
[2015] EWCA Civ 611
Parties
Claimant/respondent: Frontier Agriculture Limited; Defendant/appellant: Bratt Brothers (a firm)
Jurisdiction
England and Wales
Judgment Date
25 June 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal allowed; order enforcing arbitration award set aside.
Legal Topics
Enforcement of Arbitration Awards, Jurisdiction of Arbitrator, Challenge to Arbitration Award, Contract Formation, Participation in Arbitration Proceedings
Arbitration Contract Law Civil Procedure Enforcement of Arbitration Awards Jurisdiction of Arbitrator Challenge to Arbitration Award Contract Formation Participation in Arbitration Proceedings

Case Brief

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Parties

Frontier Agriculture Limited

Claimant/respondent

Bratt Brothers (a firm)

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Whether the appellant participated in the arbitration under Contract No. 2 and thereby lost 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 timing of submissions under arbitration rules could invalidate the award

Ratio Decidendi

The appellant did not participate in the arbitration under Contract No. 2, thus did not lose the right to challenge the arbitrator's jurisdiction regarding that contract. The appellant's denial of the contract, in the evidential circumstances, raised a real prospect of success. Therefore, the order enforcing the arbitration award was set aside.

Court Disposition

Appeal allowed; order enforcing arbitration award set aside.