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Kanoria and Ors v Anthony Guiness and Anr

Kanoria and Ors v Anthony Guiness and Anr Kanoria and Ors v Anthony Guinness and Anr 1 July 2005 Gloster J Commercial Court [2005] EWHC 2193 [2005] ArbLR 33 Arbitration award--Enforcement--Respondent in arbitration suffering from cancer--Whether incapable of presenting a defence in the arbitration (yes)-- Arbitration Act 1996, ss 101(2) and 103(2)(a) and (c) Arbitration award--Enforcement--Arbitration award rendered against corporate party to contract and individual director and shareholder--Whether claims formulated against individual during the arbitration (no)--Whether arbitration award contains decisions on matters beyond scope of submission to arbitration (yes)--Arbitration Act 1996, ss 101(2), 103(2)(d) and 104 Arbitration award--Enforcement--Parties--Arbitration award rendered against third-party beneficiary--Whether award enforceable in favour of nonparty (yes)--Arbitration Act 1996, s 101 Arbitration award--Enforcement--Challenge time-barred in supervisory jurisdiction (India)--Whether defences to enforcement remain available in England (yes)--Arbitration Act 1996, ss 101 and 103 Arbitration award not enforced against shareholder/director In 1999, Mr Ajay Kanoria and Esols Worldwide Ltd concluded a business agreement with Mr Guinness and Corporate Partnerships Ltd (`CPL') for the provision of software personnel recruited in India. The business agreement referred disputes to arbitration under the rules of the Indian Council of Arbitration. Mr Kanoria, Esols, and a joint venture company, Indekka Software Private Ltd, commenced arbitration against CPL and a shareholder/director http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Kanoria and Ors v Anthony Guiness and Anr

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

Kanoria and Ors v Anthony Guiness and Anr

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

Abstract

Kanoria and Ors v Anthony Guinness and Anr 1 July 2005 Gloster J Commercial Court [2005] EWHC 2193 [2005] ArbLR 33 Arbitration award--Enforcement--Respondent in arbitration suffering from cancer--Whether incapable of presenting a defence in the arbitration (yes)-- Arbitration Act 1996, ss 101(2) and 103(2)(a) and (c) Arbitration award--Enforcement--Arbitration award rendered against corporate party to contract and individual director and shareholder--Whether claims formulated against individual during the arbitration (no)--Whether arbitration award contains decisions on matters beyond scope of submission to arbitration (yes)--Arbitration Act 1996, ss 101(2), 103(2)(d) and 104 Arbitration award--Enforcement--Parties--Arbitration award rendered against third-party beneficiary--Whether award enforceable in favour of nonparty (yes)--Arbitration Act 1996, s 101 Arbitration award--Enforcement--Challenge time-barred in supervisory jurisdiction (India)--Whether defences to enforcement remain available in England (yes)--Arbitration Act 1996, ss 101 and 103 Arbitration award not enforced against shareholder/director In 1999, Mr Ajay Kanoria and Esols Worldwide Ltd concluded a business agreement with Mr Guinness and Corporate Partnerships Ltd (`CPL') for the provision of software personnel recruited in India. The business agreement referred disputes to arbitration under the rules of the Indian Council of Arbitration. Mr Kanoria, Esols, and a joint venture company, Indekka Software Private Ltd, commenced arbitration against CPL and a shareholder/director

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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/2005.1.459
Publisher site
See Article on Publisher Site

Abstract

Kanoria and Ors v Anthony Guinness and Anr 1 July 2005 Gloster J Commercial Court [2005] EWHC 2193 [2005] ArbLR 33 Arbitration award--Enforcement--Respondent in arbitration suffering from cancer--Whether incapable of presenting a defence in the arbitration (yes)-- Arbitration Act 1996, ss 101(2) and 103(2)(a) and (c) Arbitration award--Enforcement--Arbitration award rendered against corporate party to contract and individual director and shareholder--Whether claims formulated against individual during the arbitration (no)--Whether arbitration award contains decisions on matters beyond scope of submission to arbitration (yes)--Arbitration Act 1996, ss 101(2), 103(2)(d) and 104 Arbitration award--Enforcement--Parties--Arbitration award rendered against third-party beneficiary--Whether award enforceable in favour of nonparty (yes)--Arbitration Act 1996, s 101 Arbitration award--Enforcement--Challenge time-barred in supervisory jurisdiction (India)--Whether defences to enforcement remain available in England (yes)--Arbitration Act 1996, ss 101 and 103 Arbitration award not enforced against shareholder/director In 1999, Mr Ajay Kanoria and Esols Worldwide Ltd concluded a business agreement with Mr Guinness and Corporate Partnerships Ltd (`CPL') for the provision of software personnel recruited in India. The business agreement referred disputes to arbitration under the rules of the Indian Council of Arbitration. Mr Kanoria, Esols, and a joint venture company, Indekka Software Private Ltd, commenced arbitration against CPL and a shareholder/director

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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