Introduction It is a key principle in many jurisdictions across the world that arbitration clauses should be separable from the underlying contract in which they are contained. This prevents arbitration clauses from being denuded of their effect, particularly where the contract is void for fraud. However, not all jurisdictions uphold the separability principle. Therefore, in…
Preliminary determinations provide a potential mechanism to streamline proceedings, but should be used with caution. This article examines the increased attention given to preliminary determinations in international arbitration. First, it explains what preliminary determinations are and how they differ from summary judgment procedures. Second, it examines the change in recent years, in the use of…
In the recent case Integral Petroleum SA v Melars Group Ltd [2015] EWHC 1893 (Comm) arbitrator Mr W Laurence Craig was asked to decide a dispute involving three companies: Integral Petroleum SA (“Integral” or “Claimant”), Melars Group Ltd (“Melars” or “Respondent”) and Dartex Trade Ltd (“Dartex”). By a contract signed on 14 December 2011 (the “December…
