Arbitral Digest

Matter

A v B (arbitration claim - contractual terms - foreign language)

A v B

Case no.
CL-2018-000021
Applicable rules
LMAA Terms 2012
  1. 15 December 2017Arbitration

    15 December 2017Arbitration

    Arbitral Award dated 15 December 2017

    Decision summary
    The tribunal ruled that it lacked jurisdiction over the underlying dispute and directed the claimant to pay the defendant's costs of the reference with interest.

    Supporting details

    4 participants
    A
    B
    Institution
    Arbitrator
    Alan Oakley
    Arbitrator
    Bruce Harris

    3 months and 29 days later · 119 days

  2. 13 April 2018United Kingdom

    13 April 2018United Kingdom

    Judgment of the High Court of Justice, Commercial Court (QBD) in the case CL-2018-000021 dated 13 April 2018

    High Court of Justice, Business and Property Courts, Commercial Court (QBD)

    Case no.
    CL-2018-000021
    Citation
    [2018] EWHC 1370 (Comm)
    Decision summary
    The court allowed the claimant's section 67 arbitration claim, set aside the tribunal's award, and held that the arbitrators had jurisdiction. Construing the Russian-language charterparty as a whole, it found that the arbitration clause provided for ad hoc arbitration in London under the clause 24 appointment mechanism, and held that the parties had agreed to proceed on LMAA Terms 2012.

    Supporting details

    3 authorities · 5 participants
    Application
    Section 67 Arbitration Act 1996 arbitration claim — Application succeeds
    A
    Representative
    James Watthey (For: A)
    B
    Representative
    Adam Woolnough (For: B)
    High Court of Justice, Business and Property Courts, Commercial Court (QBD)

    Authorities cited

    3
    • Arbitration Act 1996
      statute
    • Fal Bunkering of Sharjah v Grecale Inc. of Panama [1990] 1 Lloyds LR 369
      case
    • Clarke v Dunraven [1897] AC 59
      case

Matter record

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A v B (arbitration claim - contractual terms - foreign language) · Matter