Frontier Agriculture Ltd v Bratt Brothers (a firm)

Arbitration – Jurisdiction. The claimant was given permission to enforce an arbitration award against the defendant, requiring payment of damages for breaches of two contracts, pursuant to s 66 of the Arbitration Act 1996. The defendant's application to set aside that order was dismissed. The Court of Appeal, Civil Division, in allowing the defendant's appeal, held that, on the evidence, the defendant had not played a part in the arbitration relating to the second contract, which it denied it had entered into, and it had not lost the right to challenge the arbitrator's substantive jurisdiction in relation to it. Further, the defendant had shown that it had a real prospect of success.

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