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 parties, procedural law of the arbitration was Scottish law because parties brought their arbitration proceedings in Scotland and whole proceedings were conducted under Scottish law. This shows that there might be different law applicable to the contract and to the arbitration proceedings.

Leave a Reply

Your email address will not be published. Required fields are marked *

Free Registration introduction text Free Registration introduction text Free Registration introduction text

Our membership includes

Click on icons for previews
Notes icon
Essays icon
Tutorial Videos icon
Tutorial Videos
Quizzes icon
Study/Exam Tips icon
Study/Exam Tips
Interactive Learning Platform icon
Interactive Learning Platform
Quiz preview
Interactive Learning PLatform preview