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SEB Trygg Liv Holding Aktiebolag v Manches and Ors

SEB Trygg Liv Holding Aktiebolag v Manches and Ors 10 November 2005 Buxton, Tuckey, and Kay LJJ Court of Appeal [2005] EWCA Civ 1237 [2005] ArbLR 52 Arbitration proceedings--Jurisdiction--Parties--Arbitration commenced in the name of entity that no longer existed--Universal successor claiming not to be party to the arbitration--Whether agents had express or ostensible authority to act (yes)--Whether universal successor ratified arbitral proceedings (yes) --Whether universal successor a party to the arbitration (yes)--Whether misnomer (yes) Arbitral proceedings commenced in name of non-existent party not a nullity In 1993, Trygg Liv purchased the total shareholding in an insurance company, Interlife. The vendors were four companies and included Old Aachener Re which had a participation of 12.5 per cent in Interlife. Disputes arose and were referred to SCC arbitration. The vendors clamed the purchase price. Trygg Liv counterclaimed alleging mis-selling of pensions by Interlife. The four corporate owners jointly employed an insurance industry professional, Mr Merrifield, whose contact at Old Aachener Re was a director of that company, Professor Hauptmann. The proceedings were throughout styled as having been brought by Old Achener Re. In December 2001 Trygg Liv raised concerns about whether Old Aachener Re existed. In fact, Old Achener Re had gone through a number of corporate restructurings and, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

SEB Trygg Liv Holding Aktiebolag v Manches and Ors

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

SEB Trygg Liv Holding Aktiebolag v Manches and Ors

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

Abstract

10 November 2005 Buxton, Tuckey, and Kay LJJ Court of Appeal [2005] EWCA Civ 1237 [2005] ArbLR 52 Arbitration proceedings--Jurisdiction--Parties--Arbitration commenced in the name of entity that no longer existed--Universal successor claiming not to be party to the arbitration--Whether agents had express or ostensible authority to act (yes)--Whether universal successor ratified arbitral proceedings (yes) --Whether universal successor a party to the arbitration (yes)--Whether misnomer (yes) Arbitral proceedings commenced in name of non-existent party not a nullity In 1993, Trygg Liv purchased the total shareholding in an insurance company, Interlife. The vendors were four companies and included Old Aachener Re which had a participation of 12.5 per cent in Interlife. Disputes arose and were referred to SCC arbitration. The vendors clamed the purchase price. Trygg Liv counterclaimed alleging mis-selling of pensions by Interlife. The four corporate owners jointly employed an insurance industry professional, Mr Merrifield, whose contact at Old Aachener Re was a director of that company, Professor Hauptmann. The proceedings were throughout styled as having been brought by Old Achener Re. In December 2001 Trygg Liv raised concerns about whether Old Aachener Re existed. In fact, Old Achener Re had gone through a number of corporate restructurings and,

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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/2005.1.731
Publisher site
See Article on Publisher Site

Abstract

10 November 2005 Buxton, Tuckey, and Kay LJJ Court of Appeal [2005] EWCA Civ 1237 [2005] ArbLR 52 Arbitration proceedings--Jurisdiction--Parties--Arbitration commenced in the name of entity that no longer existed--Universal successor claiming not to be party to the arbitration--Whether agents had express or ostensible authority to act (yes)--Whether universal successor ratified arbitral proceedings (yes) --Whether universal successor a party to the arbitration (yes)--Whether misnomer (yes) Arbitral proceedings commenced in name of non-existent party not a nullity In 1993, Trygg Liv purchased the total shareholding in an insurance company, Interlife. The vendors were four companies and included Old Aachener Re which had a participation of 12.5 per cent in Interlife. Disputes arose and were referred to SCC arbitration. The vendors clamed the purchase price. Trygg Liv counterclaimed alleging mis-selling of pensions by Interlife. The four corporate owners jointly employed an insurance industry professional, Mr Merrifield, whose contact at Old Aachener Re was a director of that company, Professor Hauptmann. The proceedings were throughout styled as having been brought by Old Achener Re. In December 2001 Trygg Liv raised concerns about whether Old Aachener Re existed. In fact, Old Achener Re had gone through a number of corporate restructurings and,

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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