Fiona Trust and Holding Corporation and others v Yuri Privalov and others [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWCA Civ 20, 24 January 2007. Considered whether an agreement to arbitrate can be seen as having an independent status where a larger contract has been procured by bribery. Appellant charterers appealed against a decision that a claim by respondent shipowners to rescind certain charterparties on the grounds of bribery should not be stayed for arbitration on the basis of the arbitration clause in the charters. "Held": appeal allowed. Any jurisdiction or arbitration clause in an international commercial contract should be liberally construed and the phrase 'arising out of' should cover every dispute except one over the existence of the contract. In the circumstances an arbitration clause did apply to the dispute about rescission of certain charterparties on the ground that they had been induced by bribery. The decision confirms the separability of an arbitration agreement under UK law.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 136802-2001 |
[2007] EWCA Civ 20, 24 January 2007. Considered whether an agreement to arbitrate can be seen as having an independent status where a larger contract has been procured by bribery. Appellant charterers appealed against a decision that a claim by respondent shipowners to rescind certain charterparties on the grounds of bribery should not be stayed for arbitration on the basis of the arbitration clause in the charters. "Held": appeal allowed. Any jurisdiction or arbitration clause in an international commercial contract should be liberally construed and the phrase 'arising out of' should cover every dispute except one over the existence of the contract. In the circumstances an arbitration clause did apply to the dispute about rescission of certain charterparties on the ground that they had been induced by bribery. The decision confirms the separability of an arbitration agreement under UK law.