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KRUPPA V BENEDETTI: WHEN IS AN AGREEMENT TO ARBITRATE NOT AN AGREEMENT TO ARBITRATE? WHEN IT’S AN AGREEMENT TO ENDEAVOUR TO ARBITRATE

By Nicholas Fletcher QC and Victoria Clark of Berwin Leighton Paisner LLP

In the recent decision of Christian Kruppa v Alessandro Benedetti and Bertrand des Pallières [2014] EWHC 1887 (Comm), Mr Justice Cooke sitting in the English Commercial Court was asked to decide whether or not or a governing law and jurisdiction clause constituted an “arbitration agreement” within the meaning of Section 6(1) of the Arbitration Act 1996 (“the Act”).

The relevant clause read as follows:

In the event of any dispute between the parties … the parties will endeavour first to resolve the matter through Swiss arbitration. Should a resolution not be forthcoming the courts of England shall have [...]

Young ICCA Workshop at the Occasion of the ICCA Congress, Miami, 10th of April 2014: “The Art of Persuasion”

The Young ICCA’s Workshop on “The Art of Persuasion” brought together, from all parts of the world, a future generation of arbitration lawyers and the reunited outgoing and incoming presidents of ICCA: Professors Jan Paulsson and Albert Jan van den Berg. Who else would be better to divulge on the subject of persuasive advocacy?

The faculty was complemented with practitioners from an array of nationalities including the Dutch/Bahraini Speaker Professor Marike Paulsson (Director International Arbitration Institute and Lecturer in Law, Miami School of Law), Ms. Neeti Sachdeva (Senior Associate, ELP) of India, and Mrs. Aysha Mutaywea (Acting Senior Case Manager BCDR-AAA) from the Kingdom o [...]

Answer Key for Arbitration Word Search and Crossword Puzzle

Below are the answer keys to the international arbitration word search and crossword puzzle that accompanied the August 14, 2014 post Summer Arbitration Quiz 2014.

The answers to the quiz itself will be posted in early September.

Reminder: the first person to submit correct answers to the Summer Arbitration Quiz (or the one who comes closest) will receive a dinner in Florence, Italy (travel and hotel excluded) and, if they wish, their name published here. To participate, send your quiz answers to Oskar Toivonen at Kluwer.arbitration.quiz@gmail.com. This email account will only be active until the end of August 2014.

International Arbitration Word Search

Word Key - 20140816_210003 - 1

International Arbitration Crossword [...]

Revisions to the HKIAC’s Model Clauses address uncertainty regarding the law governing arbitration clauses

By Justin D’Agostino and Timothy Hughes, Herbert Smith Freehills

The Hong Kong International Arbitration Centre (“HKIAC“) has amended its Model Clauses in order to include an optional provision that specifies the parties’ choice of law to apply to an arbitration clause. The express designation of a particular law to govern an arbitration clause does not displace the parties’ choice of law to govern the substantive contract. However, as noted on the HKIAC’s website, “the law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the [...]

The Summer Arbitration Quiz!

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Mid-August is that time in the northern hemisphere when absence from their cases makes vacationing arbitration professionals fidget at the beach or in the mountains.

What to do after you have breezed through volume VII of Gary Born’s salacious yet authoritative “50 Shades of Arbitration Procedure”, discovered hundreds of folding patterns in the ICDR arbitration rules, and converted the ICC Secretariat’s copious correspondence into a fleet of paper airplanes?

Sure, you could spend more time with family. But whenever you suggest another game of “Pick the Chair of the Tribunal” your children suddenly remember their summer homework, and your spouse has threatened divorce if you so much as h [...]

Same claims, same evidence, different claimant: abuse of process for defendant to raise same defences?

In the recent case of OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm) (07 February 2014) (“Petrom v Glencore”), the English Commercial Court was faced with the question of whether issues arising and decided in an arbitration should be treated as settled in subsequent court proceedings brought by a non-party to the arbitration.

The factual and procedural background to this case is particularly interesting and pertinent.

The dispute arose out of contracts for the supply of crude oil to Romania between Glencore, and a commission agent, a company called SC Petrolexportimport SA (“Petex”). Petex alleged that Glencore had supplied crude oil that did not comply with the [...]

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