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Bakwin Eire International Trading Co Inc v Sotheby's

Bakwin Eire International Trading Co Inc v Sotheby's 22 November 2005 [2005] ArbLR 6 Arbitration agreement--Enforcement--Stay--Illegality--Legal proceedings commenced to recover stolen paintings--Interpleader--Title to paintings subject of agreement containing arbitration clause--Whether arbitration clause concluded under duress (yes)--Whether arbitration agreement null and void (yes)--Whether to grant stay (no)--Arbitration Act 1996, ss 9 and 10 Arbitration agreement concluded under threats against property null and void Mr Bakwin sued Sotheby's for the delivery of four paintings which, together with three others, including one by Cézanne, he alleged were stolen from him. In order to recover the Cézanne, he had been compelled to enter into an agreement governed by Swiss law with a Panamanian company called Erie International Trading Company Inc. The six remaining paintings were consigned to Sotheby's for auction. Sotheby's applied for an order that Mr Bakwin and Erie state particulars of their respective claims and that the interpleader claimant (Erie) substitute Sotheby's as defendant and that the two parties proceed to trial to determine who owned the paintings. Erie applied for a stay in favour of an arbitration clause contained in the agreement between Erie and Mr Bakwin. Held: A stay was not granted. The proper application of Swiss law required a determination as to whether the arbitration http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Bakwin Eire International Trading Co Inc v Sotheby's

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Bakwin Eire International Trading Co Inc v Sotheby's

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

22 November 2005 [2005] ArbLR 6 Arbitration agreement--Enforcement--Stay--Illegality--Legal proceedings commenced to recover stolen paintings--Interpleader--Title to paintings subject of agreement containing arbitration clause--Whether arbitration clause concluded under duress (yes)--Whether arbitration agreement null and void (yes)--Whether to grant stay (no)--Arbitration Act 1996, ss 9 and 10 Arbitration agreement concluded under threats against property null and void Mr Bakwin sued Sotheby's for the delivery of four paintings which, together with three others, including one by Cézanne, he alleged were stolen from him. In order to recover the Cézanne, he had been compelled to enter into an agreement governed by Swiss law with a Panamanian company called Erie International Trading Company Inc. The six remaining paintings were consigned to Sotheby's for auction. Sotheby's applied for an order that Mr Bakwin and Erie state particulars of their respective claims and that the interpleader claimant (Erie) substitute Sotheby's as defendant and that the two parties proceed to trial to determine who owned the paintings. Erie applied for a stay in favour of an arbitration clause contained in the agreement between Erie and Mr Bakwin. Held: A stay was not granted. The proper application of Swiss law required a determination as to whether the arbitration

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.83
Publisher site
See Article on Publisher Site

Abstract

22 November 2005 [2005] ArbLR 6 Arbitration agreement--Enforcement--Stay--Illegality--Legal proceedings commenced to recover stolen paintings--Interpleader--Title to paintings subject of agreement containing arbitration clause--Whether arbitration clause concluded under duress (yes)--Whether arbitration agreement null and void (yes)--Whether to grant stay (no)--Arbitration Act 1996, ss 9 and 10 Arbitration agreement concluded under threats against property null and void Mr Bakwin sued Sotheby's for the delivery of four paintings which, together with three others, including one by Cézanne, he alleged were stolen from him. In order to recover the Cézanne, he had been compelled to enter into an agreement governed by Swiss law with a Panamanian company called Erie International Trading Company Inc. The six remaining paintings were consigned to Sotheby's for auction. Sotheby's applied for an order that Mr Bakwin and Erie state particulars of their respective claims and that the interpleader claimant (Erie) substitute Sotheby's as defendant and that the two parties proceed to trial to determine who owned the paintings. Erie applied for a stay in favour of an arbitration clause contained in the agreement between Erie and Mr Bakwin. Held: A stay was not granted. The proper application of Swiss law required a determination as to whether the arbitration

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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