Hashwani v Jivraj

The claim is struck out as an abuse of process; Mr Hashwani vexed Mr Jivraj with litigation twice by advancing inconsistent positions regarding the arbitration before Mr Ahamed. The arbitration ended with the 1993 award or was abandoned by conduct and inactivity. Delay is inordinate and inexcusable. The arbitration agreement was personal to Mr Ahamed and intended no vacancy to be supplied. Relief is refused.

Parties: Claimant: Sadruddin Hashwani; Defendant: Nurdin Jivraj
Jurisdiction: England and Wales
Judgment Date: 23 April 2015
Procedural Posture: Arbitration Claim / Judgment on Strike Out Application and Revised Claim
Outcome: Claim dismissed; strike-out application succeeds
Legal Topics: Abuse of Process, Delay, Appointment of Arbitrator, Finality of Arbitration, Contract Abandonment, Jurisdiction, Discretionary Relief

Arbitration Civil Procedure Abuse of Process Delay Appointment of Arbitrator Finality of Arbitration Contract Abandonment Jurisdiction +1 more

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Parties

Sadruddin Hashwani

Claimant

Nurdin Jivraj

Defendant

Procedural Posture

Arbitration Claim / Judgment on Strike Out Application and Revised Claim

Legal Issues

1 Whether the claim is an abuse of process
2 Whether the arbitration before Mr Ahamed is extant
3 Whether delay bars relief

Ratio Decidendi

Court Disposition

Claim dismissed; strike-out application succeeds

Orders

Claim struck out as abuse of process
No appointment of replacement arbitrator