Jersey Judgment

Emans v Jumpertz [2001] JLR 291 (18 May 2001)

Arbitration Contract Law Arbitration Agreement Certainty of Contract Mechanism for Appointment of Arbitrator

Citation: [2001] JLR 291
Status: Judgment
Jurisdiction: Jersey
Posture: Arbitration Related Civil Matter / Judgment

More details

Posture: Arbitration Related Civil Matter / Judgment

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Professional case brief

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Source document

Holding and result

An arbitration agreement does not require elaborate detail if the intention to arbitrate is clear and the provision is sufficiently certain; a mechanism for appointing an arbitrator is sufficient to support the intention to arbitrate.

Court disposition

Arbitration agreement upheld as enforceable

Material facts

Parties

Emans

Applicant

Jumpertz

Respondent

Procedural history

Posture

Arbitration Related Civil Matter / Judgment

Questions and positions

Legal issues

01
Whether an arbitration agreement requires elaborate detail to be enforceable
02
Whether providing a mechanism for arbitrator's appointment is sufficient to support intention to arbitrate

Party arguments

Applicant: The arbitration agreement is enforceable as the intention to arbitrate is clear and the provision is sufficiently certain.
Respondent: The arbitration agreement lacks sufficient detail and is therefore unenforceable.

Court’s reasoning

Legal principles

01
[2001] JLR 291

Elaborate detail is not necessary in an arbitration agreement if the intention of the parties is clear and the provision is sufficiently certain.
02
[2001] JLR 291

Providing a mechanism for the appointment of an arbitrator supports the general intention to arbitrate.

Ratio, limits and disposition

Ratio decidendi

An arbitration agreement does not require elaborate detail if the intention to arbitrate is clear and the provision is sufficiently certain; a mechanism for appointing an arbitrator is sufficient to support the intention to arbitrate.

Court disposition

Arbitration agreement upheld as enforceable

Source and reliance status

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Judgment

[2001] JLR 291

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