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ARTICLE · 13 FEBRUARY 2015

Staying Proceedings To Arbitration: Full Judicial Consideration Test Confirmed

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

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The extent of the Court’s powers under Article 8.1 of the Model Law on a stay application has been considered in two recent High Court cases.

IrelandCorporate/Commercial Law
Rory Kirrane
Rory Kirrane
Ailbhe Burke
Ailbhe Burke
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We have successfully represented The Lisheen Mine and Lisheen Milling Limited in two separate applications to stay High Court proceedings to arbitration in London under the London Maritime Arbitration Association Rules. The applicants were the Dutch shipping interest, Vertom. Our team, led by Rory Kirrane, also represented the Lisheen entities in Vertom's London arbitration references.

The disputes centred on whether Lisheen had entered in to either a charterparty on 'Gencon' terms for successive voyages with Vertom, or else a master contract of affreightment, for shipment of zinc ore to various European ports with associated 'Gencon' voyage charters. The upshot of the case against Lisheen was that it had agreed to the 'Gencon' arbitration clause providing for London arbitration under English law.

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