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Northampton Ice Cream v Unilever Frozen Foods and Ice Cream plc

Northampton Ice Cream v Unilever Frozen Foods and Ice Cream plc Northampton Ice Cream v Unilever Frozen Foods and Ice Creams plc 8 November 2005 Lindsay J Chancery Division [2005] EWHC 3440 [2005] ArbLR 45 Arbitration agreement--Enforcement--Application for `an order for arbitration'--No arbitration agreement--Whether mediation could be ordered--Whether jurisdiction to order mediation (no) No jurisdiction to order arbitration or mediation Northampton Ice Cream was a company administered under a CVA. It commenced proceedings against Unilever. A director of Northampton Ice Cream then applied to court for `an order for arbitration'. During the hearing of the application, it became apparent that what was sought was a form of mediation. Held: The application was dismissed. No application for mediation had been made in the court proceedings commenced by Northampton Ice Cream. The court lacked jurisdiction to order mediation. Litigant in person: Mr Waterfield, a Director for the Claimant Mr Aldridge for the Defendant Mr Justice Lindsay: 1. I have before me an application of 19 October of this year headed `Northampton Ice Cream Ltd v Unilever Frozen Foods and Ice Creams plc'. The relief sought in that application notice is `To seek an order for arbitration' and it is signed by Mr Waterfield, director of the applicant company. 2. It is http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Northampton Ice Cream v Unilever Frozen Foods and Ice Cream plc

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

Northampton Ice Cream v Unilever Frozen Foods and Ice Cream plc

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

Abstract

Northampton Ice Cream v Unilever Frozen Foods and Ice Creams plc 8 November 2005 Lindsay J Chancery Division [2005] EWHC 3440 [2005] ArbLR 45 Arbitration agreement--Enforcement--Application for `an order for arbitration'--No arbitration agreement--Whether mediation could be ordered--Whether jurisdiction to order mediation (no) No jurisdiction to order arbitration or mediation Northampton Ice Cream was a company administered under a CVA. It commenced proceedings against Unilever. A director of Northampton Ice Cream then applied to court for `an order for arbitration'. During the hearing of the application, it became apparent that what was sought was a form of mediation. Held: The application was dismissed. No application for mediation had been made in the court proceedings commenced by Northampton Ice Cream. The court lacked jurisdiction to order mediation. Litigant in person: Mr Waterfield, a Director for the Claimant Mr Aldridge for the Defendant Mr Justice Lindsay: 1. I have before me an application of 19 October of this year headed `Northampton Ice Cream Ltd v Unilever Frozen Foods and Ice Creams plc'. The relief sought in that application notice is `To seek an order for arbitration' and it is signed by Mr Waterfield, director of the applicant company. 2. It is

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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/2005.1.607
Publisher site
See Article on Publisher Site

Abstract

Northampton Ice Cream v Unilever Frozen Foods and Ice Creams plc 8 November 2005 Lindsay J Chancery Division [2005] EWHC 3440 [2005] ArbLR 45 Arbitration agreement--Enforcement--Application for `an order for arbitration'--No arbitration agreement--Whether mediation could be ordered--Whether jurisdiction to order mediation (no) No jurisdiction to order arbitration or mediation Northampton Ice Cream was a company administered under a CVA. It commenced proceedings against Unilever. A director of Northampton Ice Cream then applied to court for `an order for arbitration'. During the hearing of the application, it became apparent that what was sought was a form of mediation. Held: The application was dismissed. No application for mediation had been made in the court proceedings commenced by Northampton Ice Cream. The court lacked jurisdiction to order mediation. Litigant in person: Mr Waterfield, a Director for the Claimant Mr Aldridge for the Defendant Mr Justice Lindsay: 1. I have before me an application of 19 October of this year headed `Northampton Ice Cream Ltd v Unilever Frozen Foods and Ice Creams plc'. The relief sought in that application notice is `To seek an order for arbitration' and it is signed by Mr Waterfield, director of the applicant company. 2. It is

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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