单词 | Through or under a party |
释义 | 透過某一方或在某一方之下 In relation to arbitration, a phrase used to identify a person making a claim who is not an original party to the arbitration agreement: Arbitration Ordinance (Cap 341) s 6(2). The prepositions ‘through’ and ‘under’ convey the notion of a cause of action derived from the party. An essential element of the cause of action must be, or must have been, vested in or exercisable by the party before the person claiming through or under the party can rely on the cause of action: Bonnin v Neame [1910] 1 Ch 732. ‘Through or under a party’ has also been construed to apply to a trustee of a bankrupt’s estate (Piercy v Young (1879) 14 Ch D 200) and a company being a subsidiary of a parent company that is a party to an arbitration agreement (Roussel- Uclaf v G D Searle & Co Ltd [1978] 1 Lloyd’s Rep 225)). See also Arbitration agreement; Party. |
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