Habas Sinai Ve Tibbi Gazlar isthisal Endustri AS v Sometal
SAL [2010] EWHC 29 (Comm)
Background
The seller, S, sought to bring a claim against the buyer, H, in
London arbitration for alleged repudiatory breach of a sale
contract for steel scrap. H countered that there was no arbitration
agreement incorporated into their contract with S dated June 2008.
The issue was whether the London arbitration clause that appeared
in some of the previous contracts between the same parties was
incorporated into the June 2008 contract, given that it was not
expressly referred to in that contract.
The contractual history of the parties was as follows. There had
been 15 contracts in all between H and S. The first three had been
drafted by H and provided for UNCITRAL Arbitration Rules / Turkish
arbitration. The subsequent contracts were either prepared by S and
were full form contracts setting out all the applicable terms,
including a London arbitration provision, or were prepared
