Arab National Bank v El-Abdali

Arab National Bank v El-Abdali

There was no valid arbitration agreement, the arbitral tribunal was not properly constituted, the award and mortgage were procured by fraud and forgery, and neither is binding or enforceable against the claimant. The court had jurisdiction under section 72 Arbitration Act 1996 and service was properly effected on the defendant's solicitors.

Parties
Claimant: Arab National Bank; Defendant: El Sharif Saoud Bin Masoud Bin Haza’a El-Abdali
Jurisdiction
England and Wales
Judgment Date
22 October 2004
Procedural Posture
Commercial Arbitration Related Claim / Judgment After Trial of Application for Declaratory and Injunctive Relief
Outcome
Claim allowed. Declarations and injunctions granted as sought.
Legal Topics
Service of Process, Jurisdiction Under Arbitration Act 1996 Section 72, Forgery, Enforceability of Arbitral Awards, Human Rights Act and Freedom of Expression
Arbitration Commercial Law Civil Procedure Service of Process Jurisdiction Under Arbitration Act 1996 Section 72 Forgery Enforceability of Arbitral Awards Human Rights Act and Freedom of Expression

Case Brief

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Parties

Arab National Bank

Claimant

El Sharif Saoud Bin Masoud Bin Haza’a El-Abdali

Defendant

Procedural Posture

Commercial Arbitration Related Claim / Judgment After Trial of Application for Declaratory and Injunctive Relief

Legal Issues

  1. 1 Whether the purported arbitration award and mortgage are binding or enforceable against the claimant
  2. 2 Whether there was a valid arbitration agreement
  3. 3 Whether the arbitral tribunal was properly constituted

Ratio Decidendi

There was no valid arbitration agreement, the arbitral tribunal was not properly constituted, the award and mortgage were procured by fraud and forgery, and neither is binding or enforceable against the claimant. The court had jurisdiction under section 72 Arbitration Act 1996 and service was properly effected on the defendant's solicitors.

Court Disposition

Claim allowed. Declarations and injunctions granted as sought.

Orders

  • Declaration that the purported arbitration award dated 13 January 2002 is not binding or enforceable against the claimant.
  • Declaration that the purported deed of fixed and floating mortgage dated 30 January 2002 is not binding or enforceable against the claimant.