FRANK FEHR & CO. v. KASSAM JIVRAJ & Co., LTD.

(1948) 82 Ll.L.Rep. 673

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls) and Lord Justice Bucknill.

Arbitration - Enforcement of award - Validity of award-"Written agreement to submit"-Proof of contract- Mistake - Rectification - Negotiations (by cables and air mail letters) entered into between English buyers and East African sellers for sale of maize meal-Offer by sellers accepted by cable from buyers-Reference by buyers to Contract 83619 "in terms our Contract 83589 December/January shipment"-Confirmation by letter enclosing London Cattle Food Trade Association form numbered 83619- Reference in subsequent cable from sellers to "Contract 83619"-Evidence of previous dealings between parties -Failure by sellers to ship goods in accordance with contract-Arbitration claimed by buyers but refused by sellers - Arbitrators appointed by buyers and by Association (on sellers' behalf)-Award in favour of buyers- Application by buyers to enforce award as judgment upheld by Hallett, J.- Appeal by sellers - Jurisdiction of Court-Alleged doubtful validity of award-Whether firm contract entered into and whether such contract contained a "written agreement to submit"-Contract form not signed by sellers-Variation between terms of Contract 83589 and Contract 83619- Alleged mistake entitling sellers to rectification - Arbitration Act, 1889, Sects. 12, 27.