David Gluck v Chaim Yaakov Endzweig & Anor

David Gluck v Chaim Yaakov Endzweig & Anor

An arbitration agreement that allows the tribunal to amend awards 'at any time' is repugnant to the requirement for finality and enforceability under the Arbitration Act 1996; the unlimited amendment clause must be rejected, and the default provisions of section 57 apply, rendering the Second Award enforceable.

Parties
Appellant: Mr David Gluck; Respondent: Mr Chaim Yaakov Endzweig; Respondent: Evertop Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2026
Procedural Posture
Civil Appeal / Appeal From Commercial Court Judgment
Outcome
Appeal allowed
Legal Topics
Arbitration Agreement Validity, Finality of Arbitral Awards, Correction and Amendment of Awards, Party Autonomy, Enforcement of Arbitral Awards
Arbitration Contract Law Arbitration Agreement Validity Finality of Arbitral Awards Correction and Amendment of Awards Party Autonomy Enforcement of Arbitral Awards

Case Brief

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Parties

Mr David Gluck

Appellant

Mr Chaim Yaakov Endzweig

Respondent

Evertop Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Commercial Court Judgment

Legal Issues

  1. 1 Whether an arbitration agreement permitting amendment of awards 'at any time' is compatible with the Arbitration Act 1996
  2. 2 Whether the unlimited amendment clause is repugnant to the requirement for finality in arbitration awards
  3. 3 Whether the default provisions of section 57 of the Arbitration Act apply

Ratio Decidendi

An arbitration agreement that allows the tribunal to amend awards 'at any time' is repugnant to the requirement for finality and enforceability under the Arbitration Act 1996; the unlimited amendment clause must be rejected, and the default provisions of section 57 apply, rendering the Second Award enforceable.

Court Disposition

Appeal allowed

Orders

  • Order of HHJ Keyser KC set aside
  • Order of HHJ Pelling KC enforcing the Second Award restored