Detlev von Appen GmbH v Voest Alpine Intertrading GmbH, [1997] 2 Lloyd’s Rep 279 (CA)
Citation:Detlev von Appen GmbH v Voest Alpine Intertrading GmbH, [1997] 2 Lloyd’s Rep 279 (CA)
Rule of thumb:If there is an arbitration clause, can you still go to Court? No, the Court gives great weight to arbitration clauses - terms of the arbitration clause have to be followed closely or else you cannot proceed to Court.
Judgment:
These authorities confirm that the rights which the insurance company has acquired are rights which are subject to the arbitration clause. The insurance company has the right to claim arbitration, obtain if it can an award in its favour from the arbitrators, and enforce the obligation of the time charterers to pay that award. Likewise, the insurance company is not entitled to assert its claim inconsistently with the terms of the contract. One of the terms of the contract is that, in the event of dispute, the claim must be referred to arbitration. The insurance company is not entitled to enforce its right without also recognising the obligation to arbitrate’, Hobhouse LJ at 28
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.