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England and Wales High Court (Commercial Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Berkeley Burke Sipp Administration LLP v Wayne Charlton & Anor  EWHC 2396 (Comm) (03 October 2017)
Cite as:  EWHC 2396 (Comm)
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QUEEN'S BENCH DIVISION
IN THE MATTER OF A CLAIM UNDER S.69 OF THE ARBITRATION ACT 1996
Rolls Building, 7 Rolls Buildings
Fetter Lane, London EC4A 1NL
B e f o r e :
| BERKELEY BURKE SIPP ADMINISTRATION LLP
|- and -
|(1) WAYNE CHARLTON
(2) FINANCIAL OMBUDSMAN SERVICE LTD
Simon Howarth (instructed by Shakespeare Martineau LLP) for the First Respondent
James Strachan QC and Stephen Kosmin (instructed by Financial Ombudsman Service) for the Intervener
Hearing date: 31 July 2017
Crown Copyright ©
Mr. Justice Teare :
"Whether or not the decision of Mr. Colin Brown dated 2 February 2017 was given by him pursuant to an arbitration agreement under section 6 of the Arbitration Act 1996."
"If the complainant notifies the ombudsman that he accepts the determination, it is binding on the respondent and the complainant and final"
"Unless otherwise agreed by the parties, an award made by the tribunal pursuant to an arbitration agreement is final and binding both on the parties and on any persons claiming through or under them"
"The important thing is that there should be an agreement to refer disputes to a person other than the court who is to resolve the dispute in a manner binding on the parties to the agreement."