James Strachan QC and Stephen Kosmin successful in case defining an 'arbitration agreement' under section 6 of the Arbitration Act 1996
James Strachan QC and Stephen Kosmin successfully appeared for the Financial Ombudsman Service in Berkeley Burke SIPP Administration LLP v Charlton  EWHC 2396. The case concerned whether an arbitration agreement under section 6 of the Arbitration Act 1996 had been entered into upon the parties agreeing to 'reconsider in all respects' a decision of an ombudsman previously made pursuant to the statutory scheme under the Financial Services and Markets Act 2000. Teare J analysed the definition of an arbitration agreement under sections 6 and 58 of the Arbitration Act 1996, finding in the Financial Ombudsman Service's favour on all points.
The judgment can be found here.