Zwiebel & Anor v Konig [2009] EWCA Civ 713 (09 June 2009)

Zwiebel & Anor v Konig [2009] EWCA Civ 713 (09 June 2009)

There is a reasonably arguable issue as to whether the arbitral award, as clarified only by the fax of 3 November 2008, is sufficiently clear and certain to be enforceable, justifying permission to appeal on the construction of the award.

Citation
[2009] EWCA Civ 713
Parties
Applicants: ZWIEBEL & ANR; Respondent: KONIG
Jurisdiction
England and Wales
Judgment Date
09 June 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted on the construction issue only.
Legal Topics
Enforcement of Arbitral Awards, Construction of Arbitral Awards, Consent Orders, Jurisdiction of Arbitral Tribunal
Arbitration Commercial Law Enforcement of Arbitral Awards Construction of Arbitral Awards Consent Orders Jurisdiction of Arbitral Tribunal

Case Brief

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Parties

ZWIEBEL & ANR

Applicants

KONIG

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the arbitral award of 9 July 2008 is valid and enforceable given the ambiguity between paragraphs A and B
  2. 2 Whether the tribunal's fax of 3 November 2008 constituted sufficient clarification of the award

Ratio Decidendi

There is a reasonably arguable issue as to whether the arbitral award, as clarified only by the fax of 3 November 2008, is sufficiently clear and certain to be enforceable, justifying permission to appeal on the construction of the award.

Court Disposition

Permission to appeal granted on the construction issue only.

Orders

  • Permission to appeal is granted on the issue of construction of the arbitral award.