S Ltd v C Ltd [2009] EWHC B23 (Comm) (27 February 2009)

S Ltd v C Ltd [2009] EWHC B23 (Comm) (27 February 2009)

Defamation claims arising from communications connected to the performance and termination of the contracts are sufficiently linked to the contracts to fall within the scope of the arbitration clause; the arbitration agreements cover the claims, including those relating to the LME letter.

Source-derived case information.

Citation
[2009] EWHC B23 (Comm)
Parties
Applicant: S Limited; Respondent: C Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2009
Procedural Posture
Section 67 Arbitration Act 1996 Application / Appeal by Way of Re Hearing
Outcome
Appeal allowed
Legal Topics
Arbitration Clause Scope, Defamation in Commercial Contracts, Jurisdiction of Arbitral Tribunal
Arbitration Contract Law Tort Law Arbitration Clause Scope Defamation in Commercial Contracts Jurisdiction of Arbitral Tribunal

Source-derived case record

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Parties

S Limited

Applicant

C Limited

Respondent

Procedural Posture

Section 67 Arbitration Act 1996 Application / Appeal by Way of Re Hearing

Legal Issues

  1. 1 Whether defamation claims fall within the scope of the arbitration agreement
  2. 2 Whether the arbitral tribunal has jurisdiction over tort claims connected to the contract

Ratio Decidendi

Defamation claims arising from communications connected to the performance and termination of the contracts are sufficiently linked to the contracts to fall within the scope of the arbitration clause; the arbitration agreements cover the claims, including those relating to the LME letter.

Court Disposition

Appeal allowed

Orders

  • Claims of defamation are covered by the arbitration provision
  • Counsel to assist with form of order