The Contracts Act 1999
Brewer, G.
The Contracts Act 1999 - 2004 - Contract Journal 424(6487) 4 August 2004, 22(1) .
Discusses "Nisshin Shipping Co Ltd v Cleaves and Co Ltd" ([2003] EWHC 2602 (Comm), [2004] 1 All ER (Comm) 481) which addressed the application of the Contracts (Rights of Third Parties) Act 1999. The case illustrates the manner in which the Act may be used by third parties to bring claims under a contract to which they are not a party. When the dispute went to arbitration, it was held that C was entitled to enforce commission clauses in time charters in their own right in respect of s1 of the Act. Further to this they were obliged to arbitrate under s8, despite not being parties to the arbitration agreements of the charter arrangement. Argues, unless the operation of the Act is expressly excluded, an identifiable third party may have the right to enforce a term of a contract to its benefit.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
NISSHIN SHIPPING CO LTD V CLEAVES AND CO LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
THIRD PARTY RIGHTS
The Contracts Act 1999 - 2004 - Contract Journal 424(6487) 4 August 2004, 22(1) .
Discusses "Nisshin Shipping Co Ltd v Cleaves and Co Ltd" ([2003] EWHC 2602 (Comm), [2004] 1 All ER (Comm) 481) which addressed the application of the Contracts (Rights of Third Parties) Act 1999. The case illustrates the manner in which the Act may be used by third parties to bring claims under a contract to which they are not a party. When the dispute went to arbitration, it was held that C was entitled to enforce commission clauses in time charters in their own right in respect of s1 of the Act. Further to this they were obliged to arbitrate under s8, despite not being parties to the arbitration agreements of the charter arrangement. Argues, unless the operation of the Act is expressly excluded, an identifiable third party may have the right to enforce a term of a contract to its benefit.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
NISSHIN SHIPPING CO LTD V CLEAVES AND CO LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
THIRD PARTY RIGHTS