Chalbury MccOuat International Ltd v PG Foils Ltd

Chalbury MccOuat International Ltd v PG Foils Ltd

The English court had jurisdiction to appoint an arbitrator under section 18 of the Arbitration Act 1996 because no seat was designated, there was sufficient connection with England through the likely proper law, the place of performance, and payment provisions, and there was no clash with a foreign jurisdiction....

Source-derived case information.

Parties
Claimant: Chalbury McCouat International Limited; Defendant: P. G. Foils Limited
Jurisdiction
England and Wales
Judgment Date
03 August 2010
Procedural Posture
Arbitration Claim / Judgment on Application for Appointment of Arbitrator Under Section 18 of the Arbitration Act 1996
Outcome
Application granted
Legal Topics
Appointment of Arbitrator, Jurisdiction of English Courts in Arbitration, Service Outside Jurisdiction, Proper Law of Contract, Seat of Arbitration
Arbitration Conflict of Laws International Commercial Law Appointment of Arbitrator Jurisdiction of English Courts in Arbitration Service Outside Jurisdiction Proper Law of Contract Seat of Arbitration

Source-derived case record

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 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Chalbury McCouat International Limited

Claimant

P. G. Foils Limited

Defendant

Procedural Posture

Arbitration Claim / Judgment on Application for Appointment of Arbitrator Under Section 18 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the English court has jurisdiction to appoint an arbitrator under section 18 of the Arbitration Act 1996 where the seat is not designated
  2. 2 Whether there is sufficient connection with England to justify the court's intervention
  3. 3 What is the proper law of the contract and likely seat of arbitration

Ratio Decidendi

The English court had jurisdiction to appoint an arbitrator under section 18 of the Arbitration Act 1996 because no seat was designated, there was sufficient connection with England through the likely proper law, the place of performance, and payment provisions, and there was no clash with a foreign jurisdiction. The appointment should be made by the President or Vice-President of the London Court of International Arbitration.

Court Disposition

Application granted

Orders

  • The President, or in his absence a Vice-President, of the London Court of International Arbitration shall appoint a sole arbitrator in the dispute between the parties.
  • The arbitral tribunal shall be constituted by that appointment.