Fulham Football Club (1987) Ltd v Richards & Anor

Fulham Football Club (1987) Ltd v Richards & Anor

Disputes concerning unfair prejudice under s.994 Companies Act 2006 are arbitrable unless the relief sought is exclusively within the court’s jurisdiction (e.g., winding-up orders). Arbitration agreements in FAPL and FA Rules are sufficiently broad to cover such disputes, and there is no statutory or public policy prohibition against referring them to arbitration. The inability of arbitrators to grant certain remedies does not render the subject matter non-arbitrable.

Parties
Appellant/petitioner: Fulham Football Club (1987) Limited; 1st Respondent: Sir David Richards; 2nd Respondent: The Football Association Premier League Limited
Jurisdiction
England and Wales
Judgment Date
21 July 2011
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Stay of Proceedings
Outcome
Appeal dismissed
Legal Topics
Unfair Prejudice, Arbitrability, Shareholder Remedies, Stay of Proceedings, Fiduciary Duties
Company Law Arbitration Law Unfair Prejudice Arbitrability Shareholder Remedies Stay of Proceedings Fiduciary Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Fulham Football Club (1987) Limited

Appellant/petitioner

Sir David Richards

1st Respondent

The Football Association Premier League Limited

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Stay of Proceedings

Legal Issues

  1. 1 Whether disputes concerning unfair prejudice under s.994 Companies Act 2006 are arbitrable
  2. 2 Whether arbitration agreements in FAPL and FA Rules exclude court jurisdiction for unfair prejudice claims
  3. 3 Whether public policy or statute prohibits arbitration of s.994 disputes

Ratio Decidendi

Disputes concerning unfair prejudice under s.994 Companies Act 2006 are arbitrable unless the relief sought is exclusively within the court’s jurisdiction (e.g., winding-up orders). Arbitration agreements in FAPL and FA Rules are sufficiently broad to cover such disputes, and there is no statutory or public policy prohibition against referring them to arbitration. The inability of arbitrators to grant certain remedies does not render the subject matter non-arbitrable.

Court Disposition

Appeal dismissed

Orders

  • Stay of proceedings under s.9 Arbitration Act 1996 affirmed
  • Dispute to be referred to arbitration as per FAPL and FA Rules