City of London v Sancheti

[2008] EWCA civ 1283

Court of Appeal | 2008 · reported | England and Wales

Stay of Arbitration Proceedings

Originally published in TEDR Vol 14 Iss 1 (publication date not recorded).

[2008] EWCA civ 1283 TEDR Vol 14 Iss 1

By lease, the Corporation of London let business premises on New Bond Street to ALC Press Inc., a Japanese Company, in 1998. By a clause in the lease, both parties submitted to "the non-exclusive jurisdiction of the competent courts of England and Wales". The lease was to be construed in accordance with English Law.

Four years into the lease, Mr Sancheti (a solicitor of Indian nationality) took an assignment of the unexpired term of the lease. The lease then came to an end in October 2004 following the service of the requisite notices and Mr Sancheti vacated the premises to pursue his practice elsewhere.

At that time, there was an outstanding rent review under the lease which was determined. The Corporation accordingly sought to recover the balance of the rent from Mr Sancheti who refused to pay.

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