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 successful in case defining an ‘arbitration agreement’ under section 6 of the Arbitration Act 1996


CategoryNews Author James Strachan KC Date

James Strachan QC and Stephen Kosmin successfully appeared for the Financial Ombudsman Service in Berkeley Burke SIPP Administration LLP v Charlton [2017] 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.


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