BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
England and Wales High Court (Commercial Court) Decisions |
||
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Kruppa v Benedetti & Anor [2014] EWHC 1887 (Comm) (11 June 2014) URL: http://www.bailii.org/ew/cases/EWHC/Comm/2014/1887.html Cite as: [2014] BUS LR 1104, [2014] EWHC 1887 (Comm), [2014] Bus LR 1104, [2014] WLR(D) 250 |
[New search] [Printable RTF version] [View ICLR summary: [2014] WLR(D) 250] [Buy ICLR report: [2014] Bus LR 1104] [Help]
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
Christian Kruppa |
Claimant |
|
- and - |
||
(1) Alessandro Benedetti (2) Bertrand des Pallières |
Defendants |
____________________
Paul Stanley QC (instructed by Byrne & Partners LLP) for the Defendant
Hearing date: 6th June 2014
____________________
Crown Copyright ©
Mr Justice Cooke:
"Governing law and jurisdiction
Laws of England and Wales. In the event of any dispute between the parties pursuant to this Agreement, the parties will endeavour to first resolve the matter through Swiss arbitration. Should a resolution not be forthcoming the courts of England shall have non-exclusive jurisdiction."
i) In a clause of this kind should be construed in the same way as any other clause in a contract, the aim being to ascertain the intention of the parties and what a reasonable person would have understood the parties to have meant, with all the relevant background knowledge that they had at the time.ii) Dispute resolution clauses can be arbitration agreements when the word "arbitration" is not used and need not be arbitration agreements even when the word is used.
iii) Where a contract contains an exclusive jurisdiction clause and a mandatory arbitration clause, there is an assumption that the parties intend any dispute to be heard by the same tribunal and the court's policy in favour of arbitration means that the usual way of reconciling the clauses is by holding that substantive issues go to arbitration and that the court's jurisdiction extends only to ancillary matters relating to supervision or enforcement of the arbitration and awards.