KASTNER v. JASON

[2005] 1 Lloyd's Rep. 397

COURT OF APPEAL

Before Lord Chief Justice Woolf, Lord Justice Clarke and Lord Justice Rix

Arbitration - Agreement by parties for arbitration to be conducted by a Beth Din under Jewish law - Arbitrator imposing freezing injunction on defendant’s property - Caution registered by claimant - Property sold by defendant prior to award - Whether purchasers of property entitled to have caution vacated - Whether arbitrators had power to grant freezing injunction - Effect of injunction on property - Whether award operated retrospectively to create security interest - Arbitration Act, 1996, ss. 39 and 48.