Arbitration Act 1996, Arbitration Agreement, Arbitration clause, England, English Arbitration Act, English courts, English Law, Helice Leasing, LCIA Rules
When is a “Court” not a Court? A Few Thoughts After Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm)
In a recent High Court case, it was held that a reference in a contract to the “court” did not mean a court at all but meant instead – perhaps alarmingly – arbitration. This decision in Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm) may be a cause of concern…