header-logo header-logo

01 August 2014 / Robert Kay
Issue: 7617 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

It’s good to talk

pp_arbitration_kay

Robert Kay examines the approach to multi-tiered dispute resolution clauses

In the recent English case of Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm), [2014] All ER (D) 40 (Jul) on 1 July 2014, Teare J held that a clause which required parties to have friendly discussions prior to resorting to arbitration—a clause which is fairly common in contracts between Asian parties—was an enforceable condition precedent to the right to invoke arbitration. The case shows the willingness of the court to apply decisions in support of enforceability (as in recent Australian, Singaporean and International Centre for Settlement of Investment Disputes decisions).

 

The facts

The applicant, ETA, agreed to purchase iron ore from the respondent, PMEPL. However, ETA failed to lift all of the iron ore expected and PMEPL raised a debit note in respect of liquidated damages, pursuant to the terms of their contract. During the next shipment year, ETA failed to lift any iron ore and so PMEPL served notice of termination claiming

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll