ARI v WXJ [2022] EWHC 1543 (Comm) (20 June 2022)

ARI v WXJ [2022] EWHC 1543 (Comm) (20 June 2022)

The Defendant validly appointed JJJ as arbitrator within the 14-day period by obtaining JJJ's unconditional confirmation of willingness to act and notifying both JJJ and the Claimant of the appointment, satisfying the requirements of clause 30 of the BARECON form. The Claimant was not entitled to appoint GGG as sole arbitrator.

Citation
[2022] EWHC 1543 (Comm)
Parties
Claimant: ARI; Defendant: WXJ
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Commercial Court Arbitration Related Claim / Summary Judgment Application
Outcome
Summary judgment granted for the Defendant; declaration that JJJ was validly appointed as arbitrator within the 14-day period.
Legal Topics
Appointment of Arbitrators, Constitution of Arbitral Tribunal, Interpretation of Arbitration Agreements, LMAA Arbitration Procedure
Arbitration Commercial Law Maritime Law Appointment of Arbitrators Constitution of Arbitral Tribunal Interpretation of Arbitration Agreements LMAA Arbitration Procedure

Case Brief

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Parties

ARI

Claimant

WXJ

Defendant

Procedural Posture

Commercial Court Arbitration Related Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendant validly appointed JJJ as arbitrator within the 14-day period under clause 30 of the BARECON form
  2. 2 Whether the Claimant was entitled to appoint GGG as sole arbitrator

Ratio Decidendi

The Defendant validly appointed JJJ as arbitrator within the 14-day period by obtaining JJJ's unconditional confirmation of willingness to act and notifying both JJJ and the Claimant of the appointment, satisfying the requirements of clause 30 of the BARECON form. The Claimant was not entitled to appoint GGG as sole arbitrator.

Court Disposition

Summary judgment granted for the Defendant; declaration that JJJ was validly appointed as arbitrator within the 14-day period.

Orders

  • Declaration that the Defendant validly appointed JJJ as arbitrator by 5 January 2022
  • Claimant not entitled to appoint GGG as sole arbitrator