The agreement to arbitrate

The parties to an arbitration agreement

In Hussmann (Europe) Ltd v Pharaon [2003] EWCA Civ 266, the Court of Appeal has upheld the decision of Mr Martin Brindle QC, Deputy High Court judge, concerning the effects on the arbitrators of a court decision to set aside an award for want of jurisdiction. A number of separate issues were raised. Factually, the main and most difficult question was in identifying the parties to the arbitration agreement, but the issue which is perhaps of general interest, was whether the arbitrators were, after the award had been set aside, able to rehear the matter originally referred to them. The decision was a sequel to that of Thomas J in Hussmann (Europe) Ltd v Al Ameen Development and Trading Establishment of Saudi Arabia [2000] 2 Lloyd’s Rep 83 . The Court of Appeal agreed with Mr Brindle QC that the arbitrators did have the necessary jurisdiction to make a further award.