Arbitration Law Monthly

The issue in Ganz v Petronz FZE and Another [2024] EWHC 635 (Comm) was in essence the factual resolution of an appeal under section 67 of the Arbitration Act 1996 as to whether there was a valid arbitration agreement between the parties.

In an important judgment for professional indemnity insurance, the Court of Appeal has ruled in Royal and Sun Alliance Insurance Ltd and Others v Tughans [2023] EWCA Civ 999; [2023] Lloyd's Rep IR 657, affirming the first instance decision of Foxton J [2022] EWHC 2589 (Comm); [2023] 1 Lloyd's Rep 90, that a firm of solicitors that has earned its fees despite a breach of duty towards its client and possible misrepresentation has a claim under its policy for liability for damages representing the amount of the fees.

Bright J, in two decisions handed down at the end of July 2023, discussed at length the operation of the provisions of the Consumer Rights Act 2015 on consumer arbitrations, and in particular the extent to which arbitration agreements are enforceable against consumers. In Payward Inc and Others v Chechetkin [2023] EWHC 1780 (Comm); [2023] 2 Lloyd's Rep 507 the agreement was held to be invalid, whereas in Eternity Sky Investments Ltd v Zhang [2023] EWHC 1964 (Comm); [2023] 2 Lloyd's Rep 419 the agreement was held to be valid.