Crowther & Anor v Rayment & Anor [2015] EWHC 427 (Ch) (25 February 2015)

Crowther & Anor v Rayment & Anor [2015] EWHC 427 (Ch) (25 February 2015)

The dispute provision in the further agreement is not an arbitration agreement within the meaning of the Arbitration Act 1996. The provision refers to a decision by an estate agent, not an arbitrator, and lacks the necessary intention and structure for arbitration. Even if it were an arbitration agreement, there is no sufficient connection with England and Wales to confer jurisdiction under section 18. The lessors' application fails on both grounds.

Citation
[2015] EWHC 427 (Ch)
Parties
Claimant: Crowther & anr.; Defendant: Rayment & anr.
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Chancery Division Arbitration Act Application / Judgment on Applications Under Sections 18 and 72 of the Arbitration Act 1996
Outcome
Applications dismissed
Legal Topics
Arbitration Agreement Validity, Jurisdiction of English Courts, Appointment of Arbitrator, Interpretation of Dispute Resolution Clauses, Estoppel and Waiver in Arbitration Context
Arbitration Contract Law Civil Procedure Arbitration Agreement Validity Jurisdiction of English Courts Appointment of Arbitrator Interpretation of Dispute Resolution Clauses Estoppel and Waiver in Arbitration Context

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Parties

Crowther & anr.

Claimant

Rayment & anr.

Defendant

Procedural Posture

Chancery Division Arbitration Act Application / Judgment on Applications Under Sections 18 and 72 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the dispute provision in the further agreement constitutes an arbitration agreement under the Arbitration Act 1996
  2. 2 Whether the English court has jurisdiction under section 18 of the Arbitration Act 1996 to appoint an arbitrator or give directions
  3. 3 Whether the claim by the lessors is covered by the alleged arbitration agreement

Ratio Decidendi

The dispute provision in the further agreement is not an arbitration agreement within the meaning of the Arbitration Act 1996. The provision refers to a decision by an estate agent, not an arbitrator, and lacks the necessary intention and structure for arbitration. Even if it were an arbitration agreement, there is no sufficient connection with England and Wales to confer jurisdiction under section 18. The lessors' application fails on both grounds.

Court Disposition

Applications dismissed