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Legal News

Arbitration or not arbitration? (Bugsby Property LLC v Omni Bridgeway (Fund 5) Cayman Invt Ltd)

Published on: 10 December 2024

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: An agreement varying a litigation funding agreement contained a clause providing that any party shall be entitled to resolve a dispute by referring it to a KC who would be instructed to provide a final and binding opinion. The court held that the claimant did not have a good arguable case that the clause was an arbitration agreement, and the court could not, therefore, appoint an arbitrator pursuant to section 18 of the Arbitration Act 1996. Written by Jennifer Haywood, barrister, arbitrator and mediator at Serle Court.

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