Emirates Trading Agency Llc v Prime Mineral Exports Private Ltd: ComC 1 Jul 2014

The claimant argued that the proposed arbitral tribunal lacked jurisdiction because the reference was based upon an unenforceable agreement to negotiate.
Held: The agreement to negotiate contained in the contract amounted to an enforceable condition precedent to the referral of a dispute to arbitration. As the condition precedent had been satisfied, the arbitral tribunal had jurisdiction to hear and determine the claim.

Judges:

Teare J

Citations:

[2014] EWHC 2104 (Comm), [2014] WLR(D) 293

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Arbitration, Contract

Updated: 09 July 2022; Ref: scu.533679