7 Jul 1995
PRIVATE CO. "TRIPLE V" INC. v. STAR (UNIVERSAL) CO. LTD. and Another
- Citation
- PRIVATE CO. "TRIPLE V" INC. v. STAR (UNIVERSAL) CO. LTD. and Another
- Court
- Court of Appeal
- Case number
- CACV90/1995
Article 11(3) of the UNCITRAL Model Law is engaged only where the parties have failed to agree on a procedure for appointing an arbitrator; it is not engaged where the parties disagree as to whether there should be arbitration at all or whether a particular party is bound. The Court of Appeal has jurisdiction to hear this appeal; the judge's order appointing an arbitrator was final for appeal purposes; the judge was right to make only a prima facie assessment and to leave substantive issues (rescission, agency, validity) to the arbitrator. The indemnity costs order was unjustified and must be…