Nisshin Shipping Co Ltd v Cleaves & Co Ltd

Under the Contracts (Rights of Third Parties) Act 1999, a third party on whom a term purports to confer a benefit may enforce that term, and by section 8 is treated as a party to an associated arbitration agreement so that the right is enforceable through arbitration; the section 1(1)(b) presumption is not rebutted merely because the contracting parties did not subjectively intend to confer enforceable rights.