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ARTICLE · 04 FEBRUARY 2008

Arbitration Clauses

Barlow Lyde & Gilbert LLP
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The House of Lords in Premium Nafta Products and Ors v Fili Shipping Ltd and Ors (2007) ("Premium Nafta") recently upheld the separability of arbitration clauses from the contracts in which they are contained.

United KingdomLitigation, Mediation & Arbitration
Richard Black
Richard Black
Lyall Hickson
Lyall Hickson

Originally published in BLG Marine, Energy and Trade notes, January 2008

The House of Lords in Premium Nafta Products and Ors v Fili Shipping Ltd and Ors (2007) ("Premium Nafta") recently upheld the separability of arbitration clauses from the contracts in which they are contained.

In Premium Nafta, a dispute arose out of eight charterparty contracts, governed by English law, between a group of shipowners and charterers. Shipowners alleged that the charters were procured by bribery and then sought to rescind them. The issues to be determined were whether the dispute fell within the arbitration clauses in the various charters and whether the shipowners were bound by the arbitration clause.

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