ARI v WXJ

ARI v WXJ

The Defendant validly appointed JJJ as arbitrator within the 14-day period by communicating JJJ's unconditional willingness to act and notifying the appointment to both JJJ and the Claimant, satisfying the requirements of clause 30 of the BARECON form.

Parties
Claimant: ARI; Defendant: WXJ
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Commercial Arbitration Related Claim / Summary Judgment
Outcome
Summary judgment granted for the Defendant; valid appointment of JJJ as arbitrator.
Legal Topics
Appointment of Arbitrators, Arbitration Procedure, Contractual Interpretation
Arbitration Commercial Law Appointment of Arbitrators Arbitration Procedure Contractual Interpretation

Case Brief

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Parties

ARI

Claimant

WXJ

Defendant

Procedural Posture

Commercial Arbitration Related Claim / Summary Judgment

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 communicating JJJ's unconditional willingness to act and notifying the appointment to both JJJ and the Claimant, satisfying the requirements of clause 30 of the BARECON form.

Court Disposition

Summary judgment granted for the Defendant; valid appointment of JJJ as arbitrator.

Orders

  • Declaration that the Defendant validly appointed JJJ as arbitrator within the 14-day period
  • Claimant not entitled to appoint GGG as sole arbitrator