England: Nisshin Shipping Co Ltd. v. Cleaves & Company Ltd. and Others - International Arbitration Court Decisions - 3rd Edition

Introduction
Both of these decisions of the English High Court concern the extension of contractual rights to parties who did not sign the contract which provided for arbitration. In the first, the court used the powers conferred by statute to permit a third party to access both the contractual obligations and the agreement to arbitrate. In the second, the court struck down the tribunal’s finding, based on the “group of companies” doctrine, that the contract was intended to create rights on behalf of third parties.

The judgments are commented jointly in observations by Michael E Davis, London
Sigvard Jarvin
General Editor

Table of Contents:

ENGLAND

Approved Judgments by The High Court of Justice (1) Case No. [2003] EWHC 2602 (Comm) (2) Case No. [2002] Ewhc 121 (Comm),

Introduction
(1) Approved Judgment By The High Court of Justice Queens Bench Division Commercial Court, on 4 February 2004, In Case No. [2003] EWHC 2602 (Comm), Nisshin Shipping Co Ltd. v. Cleaves & Company Ltd. and Others

SUBJECT-MATTER:
Permit of a third party to access the arbitration agreement.
(2) Approved Judgment By The High Court of Justice Queens Bench Division Commercial Court, on 4 February 2004, in Case No. [2002] EWHC 121 (Comm), Peterson Farms Inc. v. C & M Farming Limited

SUBJECT-MATTER:
Group of companies' doctrine.

Observations by Michael E. Davis