Sulamérica Cia Nacional de Seguros SA v Enesa Engenharia SA [2012] 1 Lloyd’s Rep 275; [2012] EWCA Civ 638

Arbitration: Bound to be friendly

Daniel Kalderimis and Nicole Evans look at the enforcement of tiered dispute resolution clauses ‘In recent years, English courts have held that parties will be bound by agreements to mediate, provided the process is sufficiently certain.’In a departure from the orthodox English approach, the English High Court recently held that an agreement to participate in …

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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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