Lloyd's Maritime and Commercial Law Quarterly
THIRD PARTIES AND ARBITRATION AGREEMENTS
Simon P Camilleri*
Fortress v Blue Skye
The Court of Appeal’s recent decision in Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP
1 concerned the interpretation of the Contracts (Rights of Third Parties) Act 1999 (the “1999 Act”) and its interaction with arbitration. The case is noteworthy for two reasons. First, it is the second of only two cases to consider in some depth the interpretation of s.8 of the Act. Second, and following on from this, it provides
CASE AND COMMENT
305