Cases: International Commercial Arbitration

Gotaverken Arendal A.B. v Lybian General National Maritime Co

Libyan General National Maritime Co contracted with Gotaverken Arendal for three oil tankers. Arbitration clause stipulated that arbitration was going to take place in Paris under ICC rules. Eventually, a dispute arose when Lybian General National Maritime Co refused to take delivery of the oil tankers. As a result, an award was rendered in favour…

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Société PT Puturbali Adyamulia v Société Réna Holding et Société Mnugotia Est Epices [2007]

“An international arbitral award, which does not belong to any state legal system, is an international decision of justice and its validity must be examined according to the applicable rules of the country where its recognition and enforcement are sought.”

Dubai Islamic Bank PISC v Paymentech Merchant Services Inc

In this case, part of the arbitration proceedings took place in London but English courts declined jurisdiction. The dispute was between the Dubai Bank and Payment Merchant Services Inc that is a VISA processing company based in Texas USA. Dispute was submitted to arbitration purely on paper. So, no seat as such or no hearing….

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Naviera Amazonia Peruvian Insurance SA v Compania International de Seguros de Peru

Arbitration clause stated that arbitration should take place in Peru but subject to English procedural law. It was construed as arbitration to take place in London under English law. This was because there were no cases in English law where the lex arbitri is not one of the seats of arbitration. It was argued: “There…

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James Miller & Parnters v Whitworth Street Estates (Manchester) Ltd

A contract was negotiated in London, but the contract did not state which law governed the agreement. However, it was accepted practice of the parties that English law governed their contracts. When dispute arose, the arbitration took place in Scotland under Scottish law. It was argued that even though English law governed contract between the…

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