Noble Denton Middle East & Anor v Noble Denton International Ltd

Noble Denton Middle East & Anor v Noble Denton International Ltd

Where there is a good arguable case for the existence of an arbitration agreement, the court should appoint an arbitrator under s18 Arbitration Act and not stay proceedings for parallel foreign litigation unless there are exceptional circumstances.

Parties
Claimant: Noble Denton Middle East and Another; Defendant: Noble Denton International Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2010
Procedural Posture
Commercial Arbitration Application / Judgment on Application for Appointment of Arbitrator and Stay
Outcome
Application for appointment of arbitrator granted; application for stay refused; costs awarded as specified.
Legal Topics
Appointment of Arbitrator, Arbitration Agreement Existence, Stay of Proceedings, Lis Alibi Pendens
Arbitration Commercial Law Appointment of Arbitrator Arbitration Agreement Existence Stay of Proceedings Lis Alibi Pendens

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Noble Denton Middle East and Another

Claimant

Noble Denton International Limited

Defendant

Procedural Posture

Commercial Arbitration Application / Judgment on Application for Appointment of Arbitrator and Stay

Legal Issues

  1. 1 Whether there is an arguable case for the existence of an arbitration agreement under s18 Arbitration Act
  2. 2 Whether the court should stay proceedings due to lis alibi pendens (parallel proceedings in Texas)
  3. 3 Whether the court should appoint an arbitrator under s18 Arbitration Act

Ratio Decidendi

Where there is a good arguable case for the existence of an arbitration agreement, the court should appoint an arbitrator under s18 Arbitration Act and not stay proceedings for parallel foreign litigation unless there are exceptional circumstances.

Court Disposition

Application for appointment of arbitrator granted; application for stay refused; costs awarded as specified.

Orders

  • Appointment of Sir Anthony Colman as arbitrator under s18 Arbitration Act
  • Refusal of stay application