Vitol SA v Norelf Ltd - House of Lords (Lord Mackay of Clashfern, Lord Chancellor, Lord Griffiths, Lord Nolan, Lord Steyn and Lord Hoffmann) - 20 June 1996

Arbitration - High Court granting leave to applicant to appeal on point of law - Appeal dismissed by High Court - Buyers appeal to Court of Appeal - Whether respondent entitled to rely on respondent’s notice

In the Court of Appeal, the respondent sellers had sought to rely on a respondent’s notice seeking in the alternative to rely on various factual matters as constituting acceptance of the buyers’ anticipatory breach of contract. The Court of Appeal had held (see LMLN 407 - 10 June 1995) that a respondent wishing to argue that the decision under appeal was sustainable on grounds not expressed in it, the respondent was required to obtain a certificate under section 1(7) of the Arbitration Act 1979.