Cases

PEC Ltd v Asia Golden Rice Co. Ltd [2014] EWHC 1583 (Comm)

In this case concerning a US$ 6.25 million arbitration award the firm acted for a Government of India company, PEC Ltd. The court considered whether an employee of an Indian Government Public Sector Undertaking (PSU) had authority to enter into a contract on behalf of the PSU. The court found that the two individuals did not have actual or apparent authority and that there was no arbitration agreement in existence. The case is referred to in the latest edition of Bowstead & Reynolds on Agency. In an earlier judgment, the court also clarified that under the GAFTA 125 Arbitration Rules a jurisdiction challenge must be made within 28 days of the first tier award irrespective of whether there was an appeal on other matters to the GAFTA Appeal Board.

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