Crowther & Anor v Rayment & Anor

Crowther & Anor v Rayment & Anor

The dispute provision in the further agreement does not constitute an arbitration agreement under the Arbitration Act 1996. The English court lacks jurisdiction under section 18 to appoint an arbitrator or give directions, as there is no sufficient connection with England and Wales, and the claim is not covered by the alleged arbitration agreement. The lessors have no real prospect of success on these points.

Parties
Claimant: Paul Crowther and Mrs Crowther; Defendant: Stephen Rayment and Jayne Perrott
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Civil / Judgment
Outcome
Application dismissed
Legal Topics
Arbitration Agreement, Jurisdiction, Appointment of Arbitrator, Section 18 Arbitration Act 1996, Section 72 Arbitration Act 1996, Stakeholder Liability, French Law Application
Arbitration Contract Law Conflict of Laws Arbitration Agreement Jurisdiction Appointment of Arbitrator Section 18 Arbitration Act 1996 Section 72 Arbitration Act 1996 +2 more

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Parties

Paul Crowther and Mrs Crowther

Claimant

Stephen Rayment and Jayne Perrott

Defendant

Procedural Posture

Civil / Judgment

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 or power 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 does not constitute an arbitration agreement under the Arbitration Act 1996. The English court lacks jurisdiction under section 18 to appoint an arbitrator or give directions, as there is no sufficient connection with England and Wales, and the claim is not covered by the alleged arbitration agreement. The lessors have no real prospect of success on these points.

Court Disposition

Application dismissed