An oral contract for the sale of Russian Notes was followed by a Trade confirmation with an English jurisdiction clause. It was said that this document was fraudulently presented by Credit Suisse as a mere perfunctory confirmation (which it was not) and that the oral contract was not with Credit Suisse Europe but with Credit Suisse US and that there was a specific agreement that the deal was to be centred in New York where Credit Suisse US had its centre of business.
Held: The English jurisdiction clause could not be relied on, whether or not the allegations of fraud were, in the event, made out.
Judges:
Rix J
Citations:
[1999] 1 Lloyds Rep 784
Jurisdiction:
England and Wales
Cited by:
Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Lists of cited by and citing cases may be incomplete.
Contract, Jurisdiction
Updated: 23 November 2022; Ref: scu.248227