Wed06282017

Last updateTue, 24 Feb 2015 5pm

ARBITRATION: Sweet settlement

06 February 2015  

Nigel Brook and Michelle Radom examine the impact of the new Reg 1215/2012

In a recent case, Toyota Tsusho Sugar Trading Ltd v Prolat SRL [2014], the claimant commenced an arbitration in England and applied, pursuant to s32 of the Arbitration Act 1996, to the English High Court seeking a declaration that the contract contained a valid and effective arbitration clause. The defendant alleged that it was not a party to any arbitration agreement and refused to participate in the arbitration. The defendant had also already commenced its own proceedings in the Italian courts, seeking an order that there was no valid and effective arbitration clause.

Additional Info

  • Case(s) Referenced:

    Case C-185/07 Allianz SpA & anor v West Tankers Inc [2009] ECR I-00663

    Case C-281/02 Owusu v Jackson & ors [2005] ECR I-01383

    Toyota Tsusho Sugar Trading Ltd v Prolat SRL [2014] EWHC 3649 (Comm)