Arbitration Clause in UK Law

Leading Cases
  • Premium Nafta Products Ltd v Fili Shipping Company Ltd
    • House of Lords
    • 17 October 2007

  • Schiffahrtsgesellschaft Detlef Von Appen GmbH v Wiener Allianz Versicherungs AG
    • Court of Appeal (Civil Division)
    • 16 April 1997

    These authorities confirm that the rights which the Insurance Company has acquired are rights which are subject to the arbitration clause. Likewise, the Insurance Company is not entitled to assert its claim inconsistently with the terms of the contract. One of the terms of the contract is that, in the event of dispute, the claim must be referred to arbitration. The Insurance Company is not entitled to enforce its right without also recognising the obligation to arbitrate.

  • Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
    • Court of Appeal (Civil Division)
    • 17 May 1994

  • Heyman v Darwins Ltd
    • House of Lords
    • 20 February 1942

    It is said to be wrong to allow a party to a contract who has refused to perform his obligations under it at the same time to insist on the observance of a clause of arbitration embodied in the contract. The doctrine of approbate and reprobate is said to forbid this. I appreciate the apparent dilemma but with the greatest respect I venture to think it is based on a misapprehension. In all this I have assumed that the arbitration clause in its terms is wide enough to cover the dispute.

  • Sea Trade Maritime Corporation v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Athena) [QBD (Comm)]
    • Queen's Bench Division (Commercial Court)
    • 18 October 2006

    In principle, English law accepts incorporation of standard terms by the use of general words and, I would add, particularly so when the terms are readily available and the question arises in the context of dealings between established players in a well-known market. In contrast, and for the very reason that it concerns other parties, a "stricter rule" is applied in charterparty/bills of lading cases.

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Legislation
  • Arbitration Act 1996
    • UK Non-devolved
    • January 01, 1996
    ... ... (2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the ... ...
  • Consumer Rights Act 2015
    • UK Non-devolved
    • January 01, 2015
  • Petroleum and Submarine Pipe-lines Act 1975
    • UK Non-devolved
    • January 01, 1975
    ... ... (3) Clause 2 of the clauses set out in Part II of Schedule 2 to this Act or in Part ... paragraph or for the purposes of proceedings (which may be arbitration proceedings) in connection with the licence ... (3) Any act or omission ... ...
  • Carriage of Goods by Road Act 1965
    • UK Non-devolved
    • January 01, 1965
    ... ... provisions of this Act to a court includes a reference to an arbitration tribunal acting by virtue of article 33 in the Schedule to this Act ... ;(k) a statement that the carriage is subject, notwithstanding any clause to the contrary, to the provisions of this Convention ... (2) Where ... ...
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Books & Journal Articles
  • Bankers Trust Company and Bankers Trust International plc v PT Jakarta International Hotels & Development
    • No. 7-3, March 1999
    • Journal of Financial Regulation and Compliance
    • 271-273
    During the course of 1997 Bankers Trust International plc (BTI) and the defendant company, PT Jakarta International Hotels & Development (JIHD), entered into a series of seven Indonesian rupiah/US ...
    ... ... from South East Asian financial turmoil: High Court enforces arbitration clause in ISDA master agreement Bankers Trust Company and Bankers Trust ... ...
  • Being Conscious of Unconscionability in Modern Times: Heller v Uber Technologies
    • No. 84-4, July 2021
    • The Modern Law Review
    • 0000
    Requiring low‐paid drivers to sign an Arbitration Clause removing their right to local court processes can be unconscionable and, if so, the clause is not enforceable. This was the conclusion reach...
    ... ... TechnologiesJodi GardnerRequiring low-paid drivers to sign an Arbitration Clause removing their right to local courtprocesses can be unconscionable ... ...
  • Choice of law clauses in customer agreements: NASD conduct rule 3110(f)(4)
    • No. 6-3, March 1998
    • Journal of Financial Regulation and Compliance
    • 224-230
    Most account opening agreements used by US brokerage firms contain a standard predispute arbitration clause requiring customers to submit all disputes relating to the account to arbitration conduct...
    ... ... used by US brokerage firms contain a standard predispute arbitration clause requiring customers to submit all disputes relating to the account ... ...
  • Federated Clerks Union of Australia v Victorian Employers Federation1
    • No. 15-4, December 1985
    • Federal Law Review
    • 0000
    Industrial law — Victorian award relating to notification and consultation by employers in relation to proposed technological change — Applicability of principles under the Conciliation and Arbitra...
    ... ... "managerial prerogatives"and"industrial matters" in relation to arbitration legislation has beenquestioned.BackgroundInFebruary 1981, the Victorian ... The clause provided that employersI(1984)54ALR489; (1984)58ALJR475; 8IR 157; High ... ...
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Law Firm Commentaries
  • Scope of arbitration clause (UK)
    • LexBlog United Kingdom
    The UK Chancery Division held that an arbitration clause relating to any dispute regarding a contractual undertaking to renegotiate port licensing conditions in the event of ‘any major physical or ...
  • Arbitration Without An Express Arbitration Clause
    • JD Supra United Kingdom
    Arbitral tribunal had jurisdiction despite the lack of an express arbitration clause. In Sonact Group Limited v Premuda Spa [2018] EWHC 3820, the English High Court confirmed that an arbitral tr...
  • Arbitration clause not void for vagueness (UK)
    • LexBlog United Kingdom
    The UK Chancery Division held that an arbitration clause, which could be invoked over a dispute whether there had been ‘any major physical or financial change in circumstances affecting the operati...
  • "May" Or "Shall": What Should Be Used In An Arbitration Clause?
    • JD Supra United Kingdom
    The Privy Council decision in Anzen Ltd & ors v Hermes One Ltd [2016] UKPC 1, 18 January 2016, has important implications for the drafting of arbitration clauses. The Privy Council held that an arb...
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