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Arbitration – Arbitrator. A dispute arose between the parties concerning the shipping of steel from China to Jebel Ali. An arbitrator appointed by the parties held that the applicable law under the contract had been English law and found for the respondent. The claimant challenged jurisdiction and, hence, the validity of the award. In allowing the application, the Commercial Court held that the respondent had failed to displace the prima facie conclusion that the arbitration under the contract was subject to Hong Kong, rather than English curial law.
Arbitration – Arbitrator. A dispute arose between the parties concerning the shipping of steel from China to Jebel Ali. An arbitrator appointed by the parties held that the applicable law under the contract had been English law and found for the respondent. The claimant challenged jurisdiction and, hence, the validity of the award. In allowing the application, the Commercial Court held that the respondent had failed to displace the prima facie conclusion that the arbitration under the contract was subject to Hong Kong, rather than English curial law.
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