Fiona Trust & Holding Corporation v Privalov [2007] EWCA Civ 20; [2007] UKHL 40

Jurisdiction: Games without frontiers

Jamie Curle and Camilla Macpherson provide some pointers on drafting jurisdiction clauses from recent case law ‘The English courts will seek to give effect to the parties’ agreement on jurisdiction in the absence of strong reasons for departing from that agreement.’ As deals become ever more complex and global, the courts are increasingly being asked …

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Jurisdiction: Trust in Fiona Trust?

Davina Given and Ed Holmes report on recent developments in the Court of Appeal ‘Based on detailed analysis of both the terms of business agreement (ToBA) and the framework agreement, the Court of Appeal held that AmTrust had shown… that the arbitration clause in the framework agreement did not extend to matters subject to the …

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Jurisdiction: Rules of the road

Philippa Charles and Al Trent consider the vexed question of which law governs an arbitration agreement ‘The House of Lords made clear in Fiona Trust v Privalov [2007], an arbitration agreement is separable from its parent contract. It must be considered – in effect – as a separate contract.’ Arbitration practitioners will be aware that …

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International Arbitration: Game, set and match

Ben Holland and Guy Pendell look at the judgment in Dallah and the tough line taken on the enforcement of New York Convention awards in England ‘Dallah appealed that the tribunal’s decision ought only be subject to a limited enquiry by the English courts in accordance with the general pro-enforcement policy behind the New York …

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