Halki Shipping Corp v Sopex Oils Ltd; CA (Hirst, Henry, Swinton Thomas LJJ) 19 Dec 1997.
Where the terms of a charterparty provided that any dispute arising from it should be referred to arbitration, the plaintiff was not entitled to issue proceedings in the High Court for summary judgment under RSC Ord 14 in respect of a claim for which the defendant did not admit liability. Notwithstanding the plaintiff's contention that the defendant had no arguable defence, once money had been claimed there was a "dispute" to be referred to arbitration unless and until the defendant admitted that the sum was due and payable.
Nicholas Hamblen QC (Dorman & Co) for the plaintiff; Richard Waller (Clifford Chance) for the defendant.
Rafsanjani Pistachio Producers Co- operative v Kaufmanns Ltd; QBD (Commercial Ct) (Rix J) 19 Dec 1997.
A contract which omitted an important term for future agreement could still be binding provided that it could be shown that the parties intended to enter into legal relations and that the term to be agreed was not too uncertain.
Stephen Males (Taylor Joynson Garrett) for the plaintiff; Robert Deacon (Evans Dodd) for the defendant.