Jurisdiction(s):
United Kingdom

English Commercial Court: KC binding opinion under variation agreement not arbitration; LCIA clause prevails and s18 application fails (Bugsby Property LLC v Omni Bridgeway)

Published on: 10 December 2024

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Bugsby Property Llc and another company v Omni Bridgeway (Fund 5) Cayman Invt Ltd and another company [2024] EWHC 2986 (Comm)

What are the practical implications of this case?

The ruling underlines that:

whether a provision amounts to an arbitration agreement is a matter of construction, so each clause must be interpreted within its particular context
if the agreement also contains a separate arbitration clause, and the wording of the two differs markedly, that contrast may suggest the clause was not intended to operate as an arbitration agreement
where the contract offers two arbitral (or other dispute resolution) routes, there is no presumption of a broad and liberal construction for one mechanism (Barclays Bank v Nylon Capital LLP [2011] EWCA Civ 826)
care is required when drafting dispute resolution provisions, especially where more than one process is contemplated

What was the background?

The First Defendant (‘Omni’) funded the claimants under a litigation funding agreement (‘the LFA’)...

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