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

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

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.

Citation
[2001] JLR 291
Parties
Applicant: Emans; Respondent: Jumpertz
Jurisdiction
Jersey
Judgment Date
18 May 2001
Procedural Posture
Arbitration Related Civil Matter / Judgment
Outcome
Arbitration agreement upheld as enforceable
Legal Topics
Arbitration Agreement, Certainty of Contract, Mechanism for Appointment of Arbitrator
Arbitration Contract Law Arbitration Agreement Certainty of Contract Mechanism for Appointment of Arbitrator

Case Brief

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Parties

Emans

Applicant

Jumpertz

Respondent

Procedural Posture

Arbitration Related Civil Matter / Judgment

Legal Issues

  1. 1 Whether an arbitration agreement requires elaborate detail to be enforceable
  2. 2 Whether providing a mechanism for arbitrator's appointment is sufficient to support intention to arbitrate

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