Heifer International Inc v Helge Christiansen Arkitekter KS MAA PAR

Citation: 2 All ER (Comm) 831; [2008] All ER(D) 120 (Jan); [2008] Bus LR D49; [2007] ArbLR 31; (2007) 119 Con LR 155

Nature of case:
This case concerns an application by the five Danish Defendants to stay proceedings in the UK arising from incomplete refurbishment of one of the Respondent companies’ houses.  The Defendants contended that the English court had no jurisdiction as, in the case of the first Defendant, he had not personally entered into any agreements with the Respondent, and in the case of the other Defendants, there was an arbitration clause in the agreement which referred disputes to Danish arbitration.  The respondent claimed that the arbitration provisions were not incorporated into the contract, or, if they were, they were unfair terms under the Unfair Terms in Consumer Contracts Regulations 1999.

Counsel

Justin Mort QC

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