Westland Helicopters Ltd v Sheikh Salah Al-Hejailan
9 July 2004 Colman J Commercial Court [2004] EWHC 1625 [2004] ArbLR 65 Arbitration award—Challenge—Jurisdiction—Arbitrator allowing reinstatement of previously waived claim for interest—Arbitrator deciding quantum on notional basis rather than on invoices or evidence of time spent—Whether arbitrator had jurisdiction (yes)—Arbitration Act 1996, s 67 Arbitrationaward—Challenge—Proceduralirregularity—Excessofpowers— Arbitrator allowing claim for interest over period during which no interest claimed—Whether serious irregularity (yes)—Arbitration Act 1996, s 68(2)(b) Arbitration award—Challenge—Procedural irregularity—Right to be heard—Arbitrator allowing reinstatement of claim for interest—Arbitrator proposing valuation methodology, but not mentioning interest—Whether party deprived of right to state its case on interest (no)—Whether serious irregularity (no)—Arbitration Act 1996, s 68(2)(a) Arbitration award—Challenge—Loss of rights—Failure to object to reinstatement of claim for interest—Failure to raise objection to valuation methodology in commencing challenge proceedings—Whether loss of rights (yes)— Arbitration Act 1996, s 73 Methodology for arbitrator’s evaluation of quantum of damages not limited Mr Hejailan, a Saudi lawyer, acted for Westland in relation to disputes with the Arab Organisation for Industrialisation (‘AOI’). In 1985, Mr Hejailan and Westland concluded an Engagement Letter which provided for an agreed hourly rate and a contingency fee in the event of settlement of Westland’s claims against AOI. It was governed by English law and provided for London arbitration. Westland terminated the Engagement Letter in 1987. The disputes between Westland and AOI settled in 1994. Mr Hejailan claimed a success fee under the terms of the engagement letter as well as fees for time incurred on the matter since 1987. The claim expressly excluded any separate claim for interest. The dispute was referred to a sole arbitrator who dismissed the claim for a success fee or for quantum meruit. The partial award found a clear basis for additional fees earned after the date of the contract and left open Mr Hejailan’s claim on the basis 757
[2004] ArbLR Oxford University Press
Downloaded from http://alrr.oxfordjournals.org/ at University of Wollongong on July 2, 2013
Arbitration Law Reports and Review 2004 of an invoiced amount. The sole arbitrator was then replaced. In the subsequent proceedings, Mr Hejailan asserted a claim for compensation for services rendered and interest from 1995 onwards. In a communication to the parties, the arbitrator decided that Mr Hejailan had undertaken activities in Westland’s interests for which he should be compensated. Finding that it was not possible to value the services on an hourly basis, the arbitrator invited the parties to address valuation by reference to an annual rate for a general retainer. Westland objected to the arbitrator’s jurisdiction to investigate a general retainer method. The arbitrator found that he had jurisdiction to apply a general retainer valuation because the first award had not imposed any limitations or rules on the assessment of the claim. The arbitrator used an annual retainer of US$50,000 over nine years for a total of US$450,000. He awarded interest at 8 per cent for half the period up to 1994 and on that total at 6 per cent from 1995 to the date of the second award. The total amount of interest awarded was US$455,760. Westland challenged the award on grounds of jurisdiction and procedural irregularity. Westland contended that the arbitrator had no jurisdiction to assess any amount on a notional annual retainer or to award interest. Westland also contended that the parties had not been permitted to make submissions on interest that had earlier been excluded by Mr Al-Hejailan and that no interest was claimed for the period 1985 to 1994. Held: The applications were dismissed except in relation to the award of
Fly high above the rest. Many say that flying is the safest way to travel, and if this is true why not do it every day. Well now with the family flying car such an idea can be reality. The flying car it the best solution for families in these hard economic times; it has all the amenities of a regular sedan, but runs on only vegetable oil, getting 10 more miles to the gallon than gas, and therefore is very cost efficient. The ad itself has a red car flying through the snow with a family seated comfortably…
Roswell Daily Record, Tuesday, July 8, 1947. RAAF Captures Flying Saucer On Ranch in Roswell Region No Details of Flying Disk Are Revealed Roswell Hardware Man and Wife Report Disk Seen The intelligence office of the 509th Bombardment group at Roswell Army Air Field announced at noon today, that the field has come into possession of a flying saucer. According to information released by the department, over authority of Maj. J. A. Marcel, intelligence officer, the disk was recovered on a ranch in…
and more accessible. Their mission is to combine driving and flying in a new and practical way. They began component and vehicle prototyping in 2007 and only two years later in March of 2009, they have successfully flown for the first time. Terrafugia finally made their debut outside of the aviation world at the New York International Auto Show in April of 2012. Terrafugia intends to be the company that catalyzes the creation of a flying car industry. Product The Transition is a two place, fixed wing…
Place). With such success, she had to sacrifice a normal steady life(History.com). The risk of flying was high in the 1920s and 1930s but still Amelia persevered(Ellen’s Place). At the age of ten, Amelia and her father went to the Iowa State Fair where Amelia saw her first airplane but she was not in the least bit interested (Ellen’s Place). When Amelia was 20 years old, she attended a stunt-flying exhibition and became seriously interested in aviation (CMG Worldwide Inc). On December 28,1920…
Are U.S. airport security regulations for flying too strict? “Since 9/11, (America’s airport security has) largely been a line of defense ahead of a departure gate to keep dangerous people and dangerous materials off a plane. By Bin Laden’s calculations, its cost $56 billion since 9/11. In one sense, it is worked as planned: No planes have been blown up or hijacked for a decade” (Airport Security Statistics). This quote explains that since 9/11 the airport security’s line of defense has been successful…
Hypoxia and Aviation Outline/Contents 1. Introduction 3 2. Literature Review 4 2.1 Hypoxia and Flying 4 2.2 Pressurized Atmosphere and Hypoxia 7 3. Methodology 10 4. Analysis/Discussion 11 5. Conclusion 15 6. Recommendations 16 7. Reference List 17 1. Introduction The paper presents a review, analysis and a study on hypoxia faced by pilots at higher altitudes. The problems faced by pilots of commercial flights…
good to obtain as piloting requires a good understanding of these. To work as an airline pilot, you require a ‘Frozen ATPL (Airline transport pilot license)’ qualification, the license is unfrozen once you have completed a certain number of hours flying and have obtained the correct experience. The job required training before you can obtain your licence. Training can be achieved in two ways; you can either do an integrated course which is an intensive full time course of 18 months. This training…
the high flying days of old. She was the first woman pilot in South Dakota and that independent streak never left. This little pistol also happened to be Deaf. Eleanor “Nellie” Zabel was born on November 22, 1892. Her parents name were Lillian Madison Zabel and Charles Zabel. She was born on the family ranch near Box Elder, South Dakota. Charley “Pard” Zabel, a prosperous ox breeder, was able to provide a decent living for his little family. 1894, at two years old, Nellie developed a high fever…
individuals are not only scholastically intelligent but are intelligent in seven other ways, such as, interpersonal, intrapersonal, linguistics, musical, mathematical and kinesthetic. He believes that intelligence is more than a high IO score, that just because the score is high does not mean that the individual will be productive in other ways, such as communicating with others. The Theory of Multiple Intelligences is widely used in schools today.Gardners’ theory focuses on the individual and the way…
The Wright Brothers, Wilber and Orville Wright were creators of the first successful powered aircraft, and were willing to push the envelope in avionics to get there. Wilber was the older of the two born in Millville, Indiana in 1867 where he went to high school until his senior year when the family moved back to Dayton, Ohio because of his father, Milton’s church duties. Orville the younger brother was born in Dayton in 1871 and was the stereotype of a future inventor, he was just as bright as his…