- Explained — National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor 2023-07-13
“…t on to explain that Iranian law does not contain any principle, equivalent to the Fiona Trust principle in English law (Fiona Trust & Holding Corpn v Privalov [2007] UKHL 40, [2007] Bus LR 1719), that an arbitration agreement should be interpreted so as to include any dispute arising out of the relationship between the parties, reg…”
- Cited — LLC EuroChem North-West-2 v Tecnimont SPA & Anor 2023-06-21
“…al businesspersons, do not intend that disputes under the same agreement be determined by different tribunals (see Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40; [2007] 4 All ER 951 at [13]; Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998; [2011] 2 All ER (Comm) 245 at [39]).…”
- Cited — DHL Project & Chartering Limited v Gemini Ocean Shipping Co Limited 2022-11-24
“… the main contract (Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd [1993] QB 701 and Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, [2007] 4 All ER 951). The principle has received statutory recognition in section 7 of the Arbitration Act 1996.…”
- Cited — AIG Europe SA (formerly AIG Europe Ltd) & Ors. v John Wood Group Plc & Anor. 2022-06-10
“…Perhaps mindful of Lord Hoffmann’s rational businessman and the sweeping away of fine linguistic distinctions (see Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, [2007] 4 All ER 951 at [7], [12] and [13]), no party sought to attach any significance to the fact that the disputes referred to in this clause were only thos…”
- Followed — Manek & Ors v IIFL Wealth (UK) Ltd & Ors (2) 2021-05-04
“…ion is a matter of construction of the agreement: following the change in approach signalled by Lord Hoffmann in Fiona Trust and Holding Corporation v Privalov [2007] UKHL 40; [2007] 4 All ER 951, the court will construe the arbitration agreement broadly in order to endeavour to achieve a sensible commercial outcome.…”
- Cited — Republic of Mozambique v Credit Suisse International & Ors 2021-03-11
“…d Swiss law, the Judge’s conclusion is said to be starkly at odds with the assumption identified in Fiona Trust & Holding Corp and others v Privalov and others [2007] UKHL 40;…”
- Cited — AdActive Media Inc v Ingrouille 2021-03-05
“…consistent decisions. It is not a result that, objectively, parties are likely to have intended. As Lord Hoffmann said in Fiona Trust & Holding Corp v Privalov [2007] UKHL 40, [2007] Bus LR 1719 at [13]:…”
- Considered — Bridgehouse (Bradford No. 2) Ltd v BAE Systems Plc 2020-06-16
“…In Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, [2007] 4 All ER 951, however, the House of Lords deprecated distinctions that had been drawn in earlier cases when considering arbitration clauses. Lord Hoffm…”
- Cited — Minister of Finance (Incorporated) v 1Malaysia Development Berhad & Ors 2019-11-26
“…e arbitration agreement as well as the deeds of settlement in which they were contained. As Lord Hoffmann said in Fiona Trust & Holding Corporation v. Privalov [2007] UKHL 40, [2008] 1 Lloyd’s Rep 254 at [17]: “if a party alleges that someone who purported to sign as agent on his behalf had no authority whatever to conclude any agre…”
- Cited — Michael Wilson & Partners Ltd v Emmott 2018-01-31
“…The Judge referred to Lord Hoffmann’s observations in Fili Shipping Co Ltd v Premium Nafta Products Ltd [2007] UKHL 40, [2007] Bus LR 1719, at [5] – [8] and [13] about the interpretation of arbitration agreements. In that case Lord Hoffmann emphasised the need for the court to …”