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Fiona & Ors v Privalov & Ors

[2006] EWHC 2583

Court: High Court
Date of Judgment: 20.10.06
Jennifer Haywood

The applicant shipowners sought to restrain certain of the respondents from continuing arbitration proceedings; the respondents sought to stay court proceedings pursuant to s9 of the Arbitration Act. The applicant shipowners had purported to rescind the arbitration contracts on the gound they had been procured by bribery.

Distinguishing Harbour Assurance Co (UK) v Kansa General International Insurance Co Ltd (1993) 3 WLR 42, Morison J held that the whole contract, including the arbitration clause, was impeached by bribery and that the question of whether the owners had ever made the contract could not be said, as a matter of construction, to be a dispute that arose "under" the contract.

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