Tag Archives: substantive jurisdiction

Does illegality sweep away the arbitration clause?

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

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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

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 , , , , , , , , | 2 Comments