header-logo header-logo

Home Login E-newsletter About us
01 August 2014 / Robert Kay
Issue: 7617 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

It’s good to talk

© Copyright LexisNexis 2026. All Rights Reserved.
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

Read All
Sponsored by
Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
LexisNexis Legal Awards 2026—the winners!
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
Copyright © 2026 LexisNexis
back-to-top-scroll