000			01510cam a2200229 4500
001			ABS68233
008			040914n2004 000 0 eng u
035			_a(Sirsi) u127393
100			_aBrewer, G.
245		4	_aThe Contracts Act 1999
260			_c2004
490			_aContract Journal _v424(6487) 4 August 2004, 22(1)
520			_aDiscusses "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.
590			_aABS
590			_aABS
650			_aCONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
650			_aNISSHIN SHIPPING CO LTD V CLEAVES AND CO LTD
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650			_aTHIRD PARTY RIGHTS
690			_aDISPUTE RESOLUTION-CASE LAW
942			_n0
999			_c117993 _d117993