Canisby Limited v Flat Point Development Limited (Eastern Caribbean Supreme Court, Court of Appeal ANUHCVAP2016/0005)

Procedural record

1. 13 February 2017Antigua and Barbuda

   13 February 2017Antigua and Barbuda

   Decision of the Eastern Caribbean Supreme Court, Court of Appeal in the case ANUHCVAP2016/0005 dated 13 February 2017

   Eastern Caribbean Supreme Court, Court of Appeal

   Case no.

   ANUHCVAP2016/0005

   Decision summary

   The Court dismissed Canisby Limited's appeal and upheld the stay of its claim against Flat Point Development Limited in favour of arbitration. It held that the parties disputed the performance and termination of the Preliminary Sale Agreement and that those issues fell within the arbitration clause; costs were awarded to Flat Point Development Limited, subject to assessment if not agreed within 21 days.

   Participants

   Application

   Appeal against stay of proceedings in favour of arbitration — Dismissed

   Canisby Limited

   Representative

   Anthony Astaphan, SC (For: Canisby Limited)

   Representative

   Rika Bird (For: Canisby Limited)

   Representative

   Michael Barry (For: Canisby Limited)

   Flat Point Development Limited

   Representative

   Frank Walwyn (For: Flat Point Development Limited)

   Representative

   Jacqueline Walwyn (For: Flat Point Development Limited)

   Representative

   Wesley George (For: Flat Point Development Limited)

   S.I.T.I. srl

   Eastern Caribbean Supreme Court, Court of Appeal

   Judge

   Mario Michel

   Judge

   John Carrington

   Judge

   Anthony Gonsalves

   Other

   Witness

   Ron Murrain

   Witness

   Claudio Mareschi

   Authorities cited

   10

   • Arbitration Act, Cap. 33, Revised Laws of Antigua and Barbuda, 1975 (Cap. 33, Revised Laws of Antigua and Barbuda, 1975)
     statute
   • Geneva Protocol on Arbitration Clauses, 1923
     treaty
   • Halsbury's Laws of England ((4th edn, 1999) vol 2, para 614)
     academic
   • Union of India v E B Aaby's Rederi A/S ([1975] AC 797)
     case law
   • Ocean Conversion Limited v Attorney General of the Virgin Islands (BVIHCVAP2007/0330)
     case law
   • Heyman and Another v Darwins Limited ([1942] AC 356)
     case law
   • Applied Enterprises Limited v Interisle Holdings Ltd (BVIHCV(COM) 2012/0135)
     case law
   • Hayter v Nelson ([1990] 2 Lloyds Rep. 265)
     case law
   • Halki Shipping Corporation v Sopex Oils Ltd ([1998] 2 All ER 23)
     case law
   • Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd ([1993] 1 All ER 664)
     case law
2. Date not availableAntigua and Barbuda

   Date not availableAntigua and Barbuda

   Decision of the Master of the High Court of Antigua and Barbuda on the stay application

   High Court of Antigua and Barbuda

   Decision summary

   The Master found that Canisby Limited's claim concerned matters agreed to be referred to arbitration and that the parties disputed Flat Point Development Limited's performance of the Preliminary Sale Agreement and the validity of its purported termination. The proceedings were stayed in favour of arbitration.

   Participants

   Application

   Application to stay proceedings in favour of arbitration — Granted

   Canisby Limited

   Flat Point Development Limited

   High Court of Antigua and Barbuda