Makarenko v CIS Emerging Growth Ltd. [2001] JLR 348 (29 June 2001)

Makarenko v CIS Emerging Growth Ltd. [2001] JLR 348 (29 June 2001)

An arbitration clause conferring jurisdiction over disputes 'in connection with' a contract does not enable the arbitrator to decide questions on the existence or validity of the contract unless the clause specifically authorizes it; such a clause is regarded as an agreement collateral to the main contract.

Citation
[2001] JLR 348
Parties
Applicant: Makarenko; Respondent: CIS Emerging Growth Ltd.
Jurisdiction
Jersey
Judgment Date
29 June 2001
Procedural Posture
Arbitration / Judgment
Outcome
Arbitrator not enabled to decide existence or validity of contract under general arbitration clause.
Legal Topics
Scope of Arbitration, Existence and Validity of Contract, Arbitration Clause Interpretation
Arbitration Contract Law Scope of Arbitration Existence and Validity of Contract Arbitration Clause Interpretation

Case Brief

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Parties

Makarenko

Applicant

CIS Emerging Growth Ltd.

Respondent

Procedural Posture

Arbitration / Judgment

Legal Issues

  1. 1 Whether an arbitrator can decide questions on the existence or validity of a contract under an arbitration clause conferring jurisdiction over disputes 'in connection with' the contract

Ratio Decidendi

An arbitration clause conferring jurisdiction over disputes 'in connection with' a contract does not enable the arbitrator to decide questions on the existence or validity of the contract unless the clause specifically authorizes it; such a clause is regarded as an agreement collateral to the main contract.

Court Disposition

Arbitrator not enabled to decide existence or validity of contract under general arbitration clause.