Kruppa v Benedetti & Anor

Kruppa v Benedetti & Anor

The clause does not constitute a binding arbitration agreement as required by section 6(1) Arbitration Act 1996; it only obliges parties to attempt resolution through Swiss arbitration, lacking essential arbitral details and providing for litigation if arbitration fails.

Parties
Claimant: Christian Kruppa; Defendant: Alessandro Benedetti; Defendant: Bertrand des Pallières
Jurisdiction
England and Wales
Judgment Date
11 June 2014
Procedural Posture
Commercial Court Application / Ruling on Application to Stay Proceedings Under Section 9 Arbitration Act 1996
Outcome
Application dismissed with costs
Legal Topics
Arbitration Agreement Interpretation, Multi Tier Dispute Resolution Clauses, Jurisdiction Clauses
Contract Law Arbitration Law Arbitration Agreement Interpretation Multi Tier Dispute Resolution Clauses Jurisdiction Clauses

Case Brief

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Parties

Christian Kruppa

Claimant

Alessandro Benedetti

Defendant

Bertrand des Pallières

Defendant

Procedural Posture

Commercial Court Application / Ruling on Application to Stay Proceedings Under Section 9 Arbitration Act 1996

Legal Issues

  1. 1 Whether the 'Governing Law and Jurisdiction' clause constitutes an arbitration agreement under section 6(1) Arbitration Act 1996
  2. 2 Whether proceedings should be stayed in favour of arbitration

Ratio Decidendi

The clause does not constitute a binding arbitration agreement as required by section 6(1) Arbitration Act 1996; it only obliges parties to attempt resolution through Swiss arbitration, lacking essential arbitral details and providing for litigation if arbitration fails.

Court Disposition

Application dismissed with costs

Orders

  • Defendants' application to stay proceedings is dismissed
  • Defendants to pay costs