Gluck v Endzweig & Anor [2026] EWCA Civ 145 (20 February 2026)

Gluck v Endzweig & Anor [2026] EWCA Civ 145 (20 February 2026)

An arbitration agreement that allows the tribunal to amend, add to, or change its award at any time is repugnant to the requirement of finality under the Arbitration Act 1996 and cannot be given effect. The unlimited amendment clause is severed; the default provisions of section 57 apply. The second award was final...

Source-derived case information.

Citation
[2026] EWCA Civ 145
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 / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal allowed
Legal Topics
Finality of Arbitral Awards, Interpretation of Arbitration Agreements, Enforcement of Arbitral Awards, Party Autonomy in Arbitration, Repugnant Contract Terms
Arbitration Contract Law Commercial Law Finality of Arbitral Awards Interpretation of Arbitration Agreements Enforcement of Arbitral Awards Party Autonomy in Arbitration Repugnant Contract Terms

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Summary, issues, holding and outcome

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Parties

Mr David Gluck

Appellant

Mr Chaim Yaakov Endzweig

Respondent

Evertop Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Whether an arbitration agreement allowing the tribunal to amend awards 'at any time' is compatible with the Arbitration Act 1996
  2. 2 Whether such a clause prevents any award from becoming final and enforceable under the Act
  3. 3 Whether the unlimited amendment clause is repugnant to the arbitration agreement as a whole and should be severed

Ratio Decidendi

An arbitration agreement that allows the tribunal to amend, add to, or change its award at any time is repugnant to the requirement of finality under the Arbitration Act 1996 and cannot be given effect. The unlimited amendment clause is severed; the default provisions of section 57 apply. The second award was final and enforceable, and the order enforcing it should not have been set aside.

Court Disposition

Appeal allowed

Orders

  • Order of HHJ Keyser KC set aside
  • Order of HHJ Pelling KC (enforcing the second award) restored