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 is equally no reason in theory which precludes parties to agree that an arbitration shall be held at a place or in country X but subject to the procedural law of Y… there appears to be no reported case where this has happened. This is not surprising when one considers the complexities and inconvenience, which such an agreement would involve.”

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