“… Court of Appeal cases, on very different facts, to which we have been referred: Société Commerciale de Réassurance v Eras International (The Eras Eil Actions) [1992] 1 Lloyd’s Rep. 570 (“Eras”) and ABCI v Banque FrancoTunisienne [2003] 2 Lloyd’s Rep. 146 (“ABCI”).…”
“…t afford any reason for treating an arbitration agreement as of no effect: see Société Commerciale de Réassurance v Eras International Ltd (formerly Eras (UK)) [1992] 1 Lloyd's Rep 570, 610. The inability to give a particular remedy is just an incident of the agreement which the parties have made as to the method by which their disputes are t…”
“…Eil Actions) [1992] 1 Lloyd’s Rep 570, 591 Mustill LJ said: “in practice the factors which make the party served a necessary or proper party … will also weigh heavily in favour of granting leave to…”