Matter
British-American Insurance (Kenya) Limited v Matelec SAL and Thika Power Limited ([2013] EWHC 3278 (Comm))
- 26 February 2013United Kingdom
26 February 2013United Kingdom
Interim injunction order of Cooke J dated 26 February 2013
High Court of Justice, Queen's Bench Division, Commercial Court
- Decision summary
- The court granted an interim injunction restraining the contractors from commencing or pursuing proceedings other than in accordance with the alleged arbitration agreement.
Supporting details
1 participantHigh Court of Justice, Queen's Bench Division, Commercial Court
- Judge
- Cooke J
17 days later · 17 days
- 15 March 2013United Kingdom
15 March 2013United Kingdom
Consent order of Andrew Smith J in the cases 2013 Folio 225 and 2013 Folio 268 dated 15 March 2013
High Court of Justice, Queen's Bench Division, Commercial Court
- Decision summary
- The court recorded an undertaking replacing the interim injunction and directed a trial of whether British-American Insurance (Kenya) Limited was entitled to refer disputes under the amended policy to London arbitration, whether the contractors were bound to refer the specified disputes to London arbitration, and what declarations, injunction, or relief under section 18 of the Arbitration Act 1996 should follow.
Supporting details
1 participantHigh Court of Justice, Queen's Bench Division, Commercial Court
- Judge
- Andrew Smith J
7 months and 14 days later · 228 days
- 29 October 2013United Kingdom
29 October 2013United Kingdom
Judgment of the High Court of Justice, Queen's Bench Division, Commercial Court in the cases 2013 Folio 225 and 2013 Folio 268 dated 29 October 2013
High Court of Justice, Queen's Bench Division, Commercial Court
- Citation
- [2013] EWHC 3278 (Comm)
- Decision summary
- The court held that the arbitration provision in the amended insurance policy applied to disputes between British-American Insurance (Kenya) Limited and the contractors. It answered both issues in the consent order affirmatively and held that British-American Insurance (Kenya) Limited was entitled in principle to declarations, an injunction, and relief under section 18 of the Arbitration Act 1996; the contractors were allowed seven days to appoint an arbitrator, subject to the stated appeal-related conditions.
Supporting details
6 authorities · 12 participantsBritish-American Insurance (Kenya) Limited
- Representative
- John Lockey QC (For: British-American Insurance (Kenya) Limited)
- Representative
- DAC Beachcroft LLP (For: British-American Insurance (Kenya) Limited)
Matelec SAL
- Representative
- Timothy Hill QC (For: Matelec SAL · Thika Power Limited)
- Representative
- James Shirley (For: Matelec SAL · Thika Power Limited)
- Representative
- Wragge & Co LLP (For: Matelec SAL · Thika Power Limited)
Thika Power Limited
- Representative
- Timothy Hill QC (For: Matelec SAL · Thika Power Limited)
- Representative
- James Shirley (For: Matelec SAL · Thika Power Limited)
- Representative
- Wragge & Co LLP (For: Matelec SAL · Thika Power Limited)
High Court of Justice, Queen's Bench Division, Commercial Court
- Judge
- Walker J
Other
- Witness
- George Odinga
- Witness
- James Cuthbert
- Witness
- Samer Nasr