| 翻訳と辞書 |
| Nisshin Shipping Co Ltd v Cleaves & Co Ltd ： ウィキペディア英語版 |
Nisshin Shipping Co Ltd v Cleaves & Co Ltd
''Nisshin Shipping Co Ltd v Cleaves & Co Ltd'' () (EWHC 2602 ) is an English contract law case concerning the Contracts (Rights of Third Parties) Act 1999.
==Facts==
Cleaves & Co Limited was a firm of chartering brokers. It negotiated charterparties between Nisshin Shipping Co Limited, the shipowner, and various charterers. Although Cleaves was not a party to any of the charterparties, in each charterparty Nisshin expressly agreed to pay a commission to Cleaves. In each charterparty was an agreement between Nisshin and the charterer to arbitrate disputes. Nisshin subsequently declined to pay the commissions to Cleaves.
Cleaves commenced arbitration against Nisshin, purportedly under the arbitration agreements in the charterparties, seeking to recover the unpaid commissions. The arbitral tribunal decided that it had jurisdiction to decide the dispute because, first, under s. 1 of the Contracts (Rights of Third Parties) Act 1999 (“CRTPA”), Cleaves have a right to enforce the provisions in the charterparties under which Nisshin agreed to pay Cleaves commission (the “substantive term”); and, second, under s. 8 CRTPA, Cleaves had a right to enforce the substantive term through commencing arbitration under the arbitration agreement in each charterparty.
Nisshin appealed to the High Court under s. 67 of the Arbitration Act 1996 to challenge both grounds of the tribunal's decision seeking a declaration that the arbitral tribunal would have no jurisdiction to hear the claims.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Nisshin Shipping Co Ltd v Cleaves & Co Ltd」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|