Arbitral Digest

Matter

BDMS Limited v Rafael Advanced Defence Systems (High Court of Justice, Commercial Court 2012-192)

Seat
United Kingdom
Applicable rules
ICC Rules of Arbitration
  1. 1 December 2011United Kingdom

    1 December 2011United Kingdom

    Terms of Reference dated 1 December 2011

    International Chamber of Commerce

    Supporting details

    3 participants
    BDMS Limited
    Rafael Advanced Defence Systems
    International Chamber of Commerce
    Arbitrator
    Paul Hannon

    20 days later · 20 days

  2. 21 December 2011United Kingdom

    21 December 2011United Kingdom

    Procedural directions dated 21 December 2011

    International Chamber of Commerce

    Supporting details

    1 participant
    International Chamber of Commerce
    Arbitrator
    Paul Hannon

    2 years, 2 months and 5 days later · 798 days

  3. 26 February 2014United Kingdom

    26 February 2014United Kingdom

    Judgment of the High Court of Justice, Commercial Court in the case 2012-192 dated 26 February 2014

    High Court of Justice, Queen's Bench Division, Commercial Court

    Case no.
    2012-192
    Citation
    [2014] EWHC 451 (Comm)
    Decision summary
    The court granted Rafael's application for a stay under section 9 of the Arbitration Act 1996. BDMS's refusal to pay Rafael's share of the arbitration advance was a breach but was not repudiatory, and the arbitration agreement was not inoperative.

    Supporting details

    16 authorities · 7 participants
    BDMS Limited
    Representative
    Lawrence Power (For: BDMS Limited)
    Rafael Advanced Defence Systems
    Representative
    James Shirley (For: Rafael Advanced Defence Systems)
    Representative
    Wragge & Co (For: Rafael Advanced Defence Systems)
    High Court of Justice, Queen's Bench Division, Commercial Court
    Other

    Authorities cited

    16
    • Arbitration Act 1996
      statute
    • Civil Procedure Rules
      statute
    • Joint Stock Company Aeroflot-Russian Airlines v Berezovsky ([2013] 2 Lloyd's Rep. 242)
      case-law
    • Resin Systems Inc v Industrial Service & Machine Inc ([2008] ABCA 104)
      case-law
    • Paczy v Haendler ([1981] Lloyd's L.R. 302)
      case-law
    • Societe TRH Graphic v Offset Aubin (1992 REV.ARB 462)
      case-law
    • Traube v Perelman
      case-law
    • Chitty on Contracts, 31st edition
      academic
    • Derains and Schwartz, A Guide to the ICC Rules of Arbitration, 2nd edition
      academic
    • Buhler and Webster, Handbook of ICC Arbitration, 2nd edition
      academic
    • ASA Bulletin 2/2006
      academic
    • Eamon and Holub, See You in Court! Respondents' Failure to Pay the Advance on Arbitration Costs (2009) Int. ALR 168
      academic
    • James E. Redmond, Party's Refusal to Pay Advance on Costs Rendered Arbitration Agreement Inoperative, IBA Legal Practice Division Arbitration Newsletter, March 2009, pp. 38-39
      academic
    • Jonnette Watson Hamilton, International Commercial Arbitration: Too Costly Private Justice?
      academic
    • Merkin on Arbitration, Service Issue 65, 2013, paragraph 8.33
      academic
    • Petrochilos, Procedural Law in International Arbitration (2004)
      academic

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BDMS Limited v Rafael Advanced Defence Systems (High Court of Justice, Commercial Court 2012-192) · Matter