Find a Barrister

Find an Arbitrator

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
people

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our BD Director, Asia Pacific, Lara Quie and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200

Singapore

28 Maxwell Road
#02-03 Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our BD Director, Asia Pacific, Lara Quie and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200

Singapore

28 Maxwell Road
#02-03 Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

14/10/2010

Broda Agro Trade (Cyprus) Limited v Alfred C Toepfer International

This is an archived article, and some links may not work. Contact us if you have any questions.

Section 72 of the Arbitration Act, 1996 permits a party alleged to be a party to arbitral proceedings but who “takes no part” in the arbitration to challenge the jurisdiction of the arbitrators by seeking declaratory or injunctive relief in court.


In this appeal, the Court of Appeal held that section 72 meant what it said. The wording was clear. A party who takes any part in the arbitral proceedings whether by challenging the arbitrator’s jurisdiction or in relation to the merits can no longer bring proceedings under section 72 of the Act (although, if appropriate, such a party may challenge any award on jurisdiction under section 67 of the Act). Nor, contrary to the Appellant’s case did this involve any infringement of the Appellant’s right to a fair trial under Article 6 of the ECHR as this was guaranteed under section 67 of the Act.


In so doing, the Court of Appeal upheld the decision of Teare J at first instance ([2010] 1 Lloyd’s Rep 533),


Sara Masters acted for the successful Respondent (Toepfer)

Share