Ellis & Anor v Coleman

Ellis & Anor v Coleman

The arbitration clause in the Partnership Agreement applies to disputes between Continuing Partners and an Outgoing Partner. The word 'Partners' should not be interpreted strictly by reference to the definitions section, and the arbitrator had jurisdiction to determine the dispute.

Parties
Appellant: Ellis; Appellant: Hume; Respondent: Coleman
Jurisdiction
England and Wales
Judgment Date
10 December 2004
Procedural Posture
Appeal Under Section 67 of the Arbitration Act 1996 / Judgment
Outcome
appeal dismissed
Legal Topics
Arbitration Clause Interpretation, Partnership Agreement, Jurisdiction of Arbitrator
Arbitration Contract Law Arbitration Clause Interpretation Partnership Agreement Jurisdiction of Arbitrator

Case Brief

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Parties

Ellis

Appellant

Hume

Appellant

Coleman

Respondent

Procedural Posture

Appeal Under Section 67 of the Arbitration Act 1996 / Judgment

Legal Issues

  1. 1 Whether the arbitration clause in the Partnership Agreement covers disputes between Continuing Partners and an Outgoing Partner
  2. 2 Whether the arbitrator had jurisdiction to determine the dispute regarding payment for goodwill

Ratio Decidendi

The arbitration clause in the Partnership Agreement applies to disputes between Continuing Partners and an Outgoing Partner. The word 'Partners' should not be interpreted strictly by reference to the definitions section, and the arbitrator had jurisdiction to determine the dispute.

Court Disposition

appeal dismissed

Orders

  • The arbitrator had jurisdiction to determine the dispute.
  • Clause 33 applies to the dispute between Continuing Partners and Outgoing Partner.