Tag Archives: substantive jurisdiction

Does illegality sweep away the arbitration clause?

Posted on July 8, 2013 by Shaun Lee

What is the effect of illegality of a contract on an arbitration clause within that same contract? To the extent that the contract is unenforceable, does this also render the arbitration clause invalid? The answer to this query has substantial … Continue reading →

Posted in Arbitration, UK | Tagged case law, illegality, jurisdiction, Model Law, new york convention, separability of arbitration agreement, substantive jurisdiction | 4 Comments

Case Update: (1) Lack of substantive jurisdiction in respect of one respondent affects award as against the other respondent; (2) Substantive jurisdiction not affected by finding of liability under a different agreement

Posted on March 27, 2013 by Shaun Lee

The English High Court in Arsanovia Ltd & Ors v Cruz City 1 Mauritius Holdings, [2012] EWHC 3702 (Comm) has delivered a relatively short but dense decision dealing with a number of issues revolving around the issue of different governing … Continue reading →

Posted in Arbitration, India, UK | Tagged arbitration, BALCO, bifrucation, case law, governing law, jurisdiction, proper law, proper law of arbitration, substantive jurisdiction | 2 Comments

Tag Archives: substantive jurisdiction

Does illegality sweep away the arbitration clause?

Case Update: (1) Lack of substantive jurisdiction in respect of one respondent affects award as against the other respondent; (2) Substantive jurisdiction not affected by finding of liability under a different agreement

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