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Praise the lords!

13 December 2007 / Louis Flannery KC
Issue: 7301 / Categories: Features
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Louis Flannery salutes a “fresh start” in arbitration

In a judgment that will undoubtedly be extremely well received by the international arbitration community, the House of Lords in Fiona Trust Holding Corp and others v Privalov and others [2007] UKHL 40, [2007] All ER (D) 233 (Oct) has given an unqualified endorsement to the idea of arbitrators deciding upon their own jurisdiction, even in cases where one party to the contract alleges it was procured by fraud and bribery. The law lords unanimously dismissed an appeal from the Court of Appeal’s judgment in January (see NLJ, 13 April 2007, pp 508–09).

BACKGROUND

The contracts here were time charterparties. It was alleged by the shipowner-claimants that the charters had been procured by bribery of the claimants’ former personnel. Proceedings were started in the High Court against the charterers, seeking inter alia declarations that the time charters had been validly rescinded.

Although the charters were subject to the jurisdiction of the English courts, either party had the right to elect to refer any dispute to arbitration

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NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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