Arbitral Digest

Matter

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

  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.

    Supporting details

    10 authorities · 14 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
    Other

    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.

    Supporting details

    2 participants
    Application
    Application to stay proceedings in favour of arbitration — Granted
    Canisby Limited
    Flat Point Development Limited
    High Court of Antigua and Barbuda

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