Premium Nafta Products Ltd v Fili Shipping Company Ltd
| Jurisdiction | UK Non-devolved |
| Judge | LORD HOFFMANN,LORD HOPE OF CRAIGHEAD,LORD SCOTT OF FOSCOTE,LORD WALKER OF GESTINGTHORPE,LORD BROWN OF EATON-UNDER-HEYWOOD |
| Judgment Date | 17 October 2007 |
| Neutral Citation | [2007] UKHL 40 |
| Court | House of Lords |
| Date | 17 October 2007 |
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432 cases
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Gary Paice and Another v Matthew J Harding (trading as MJ Harding Contractors)
...adjudicator did not have jurisdiction to determine the design fees dispute. 69 The claimants rely on the decision in Premium Nafta Products Ltd v Fili Shipping Co Ltd [2007] UKHL 40 in support of a broad interpretation of disputes resolution clauses. However, that case concerned the scope o......
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XPL Engineering Ltd v K & J Townmore Construction Ltd
...of arbitration agreements derived from the decision of the House of Lords in Fiona Trust & Holding Corporation & ors v. Privalov & ors [2007] 4 All ER 951 ( “Fiona Trust”) and the Irish decisions which have cited that case with approval (which were referred to and discussed by me in Townmo......
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Trust Risk Group SpA v AmTrust Europe Ltd
...was to apply the "one-stop" "one jurisdiction" presumption formulated by Lord Hoffmann in Fiona Trust & Holding Corporation v Primalov [2007] UKHL 40 reported at [2008] 1 Lloyd's Rep. 254 at [13]. The presumption, he argued, "applies all the more where there are apparently contradictory j......
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Starlight Shipping Company (Claimant/ First Respondent) v Allianz Marine and Aviation Versicherungs AG and Others (Defendants/Applicants) Overseas Marine Enterprises Inc. (Third Party/Respondent)
...march together and complement one another, but also because, ever since the decision of the House of Lords in Fiona Trust v Privalov [2007] UKHL 40; [2008] 1 Lloyd's Rep 254, fine distinctions between words such as "under" or "in relation to" should no longer be made, at any rate when one......
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41 firm's commentaries
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Complex Commercial Litigation Law Review – England and Wales
...another v. Privalov and others [2007] EWCA Civ. 20 and see also Fiona Trust and Holding Corporation and another v. Privalov and others [2007] UKHL 40,36 See Terre Neuve SARL and others v. Yewdale Ltd and others [2020] EWHC 772 (Comm), where the High Court discussed the cases applying Fiona ......
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Where Do You Sit If There Is No Seat? The Relevance Of The 'Procedural Law' In International Arbitration
...Arbitration Act 1996. 15. 23rd Edition, paragraph 2-097. 16. Sub nom Premium Nafta Products Limited v Fili Shipping Company Limited [2007] UKHL 40. 17. ET Plus SA v Welter [2005] EWHC 2115. Gross J at paragraph 51: "The Arts. 81 and 82 claims: There is no realistic doubt that such "competit......
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International Arbitration
...an arbitration agreement is separable from the main contract (s.7 of the 1996 Act and Fiona Trust & Holding Corporation v. Privalov [2007] UKHL 40). 10. Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable......
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Summary of principles from recent NEC cases
...applications or their assessments are not conclusive as to the value of the work carried out. 1 Fiona Trust & Holding Corp v Privalov [2007] UKHL 40, [2007] 4 All E.R. 951. Anglian Water Services Ltd v Laing O'Rourke Utilities Ltd [2010] EWHC 1529 (TCC) NEC2 Engineering and Construction Con......
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24 books & journal articles
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THE USE AND ABUSE OF ANTI-ARBITRATION INJUNCTIONS
...Contract and Unjust Enrichment (P Giliker ed) (Martinus Nijhoff, 2007) at p 155. 54Premium Nafta Products Ltd v Fili Shipping Co Ltd[2007] UKHL 40 at [16]. 55Premium Nafta Products Ltd v Fili Shipping Co Ltd[2007] UKHL 40 at [34]. 56 See Fouchard, Gaillard, Goldman on International Commerci......
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THE EFFECTIVE REACH OF CHOICE OF LAW AGREEMENTS
...Comp L 919 at 972—973; “Choice Of Law in the American Courts in 2005: Nineteenth Annual Survey”(2005) 53 Am J Comp L 559 at 630—631. 106 [2007] UKHL 40, [2007] 4 All ER 951, [2007] Bus LR 1719 (appeal from Fiona Trust and Holding Corp v Privalov[2007] EWCA Civ 20); A Briggs, “Construction o......
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Arbitration of trust disputes: two bodies of law collide.
...the enforceability of an arbitration clause in an agreement involving a trust); Premium Nafta Prods. Ltd. v. Fili Shipping Co., [2007] UKHL 40, [3]-[5], on appeal from Fiona Trust & Holding Corp. v. Privalov, [2007] EWCA Civ 20, [2007] 1 All E.R. (Comm.) 891; Trustees of the Edmond Ster......
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Dispute resolution
...Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 at 165, per Gleeson CJ; Premium Nafta Products Ltd v Fili Shipping Co Ltd [2007] UKHL 40; Lipman Pty Limited v Emergency Services Superannuation Board [2011] NSWCA 163 at [6], per Allsop P. he intention to make a dispute resolution p......
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