Itochu Corporation v Johann MK Blumenthal GmbH & Co & Ors

Itochu Corporation v Johann MK Blumenthal GmbH & Co & Ors

The Court of Appeal has no jurisdiction to entertain an appeal where the High Court has refused permission to appeal under s.18(5) of the Arbitration Act 1996, as the order appointing a sole arbitrator was made under s.18 and the appeal restriction applies. Even if the merits were considered, the arbitration clause did not amount to an agreement as to the number of arbitrators, so the default of a sole arbitrator under s.15(3) applied.

Parties
Appellant: Itochu Corporation; Respondents: Johann M. K. Blumenthal GMBH & Co KG & Anr
Jurisdiction
England and Wales
Judgment Date
24 July 2012
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Order Appointing Sole Arbitrator
Outcome
Permission to appeal refused
Legal Topics
Appointment of Arbitrators, Jurisdiction of Court of Appeal, Interpretation of Arbitration Clauses
Arbitration Civil Procedure Appointment of Arbitrators Jurisdiction of Court of Appeal Interpretation of Arbitration Clauses

Case Brief

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Parties

Itochu Corporation

Appellant

Johann M. K. Blumenthal GMBH & Co KG & Anr

Respondents

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Order Appointing Sole Arbitrator

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an appeal where permission to appeal under s.18(5) of the Arbitration Act 1996 has been refused by the High Court
  2. 2 Whether the arbitration clause constituted an agreement as to the number of arbitrators under s.15 of the Arbitration Act 1996

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an appeal where the High Court has refused permission to appeal under s.18(5) of the Arbitration Act 1996, as the order appointing a sole arbitrator was made under s.18 and the appeal restriction applies. Even if the merits were considered, the arbitration clause did not amount to an agreement as to the number of arbitrators, so the default of a sole arbitrator under s.15(3) applied.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused
  • Leave is given for the judgments to be cited