Habas Sinai VE Tibbi Gazlar Isthisal Endustri A.S. v Sometal S.A.L. [2010] EWHC 29 (Comm) (18 January 2010)

Habas Sinai VE Tibbi Gazlar Isthisal Endustri A.S. v Sometal S.A.L. [2010] EWHC 29 (Comm) (18 January 2010)

General words of incorporation in a contract between the same parties are capable of incorporating an arbitration clause from previous contracts between them, provided it is clear which terms are being incorporated and that the parties intended to incorporate the arbitration clause. In this case, the words 'all the...

Source-derived case information.

Citation
[2010] EWHC 29 (Comm)
Parties
Claimant: Habas Sinai ve Tibbi Gazlar Isthisal Endustri A. S.; Respondent: Sometal S. A. L.
Jurisdiction
England and Wales
Judgment Date
18 January 2010
Procedural Posture
Application Under Section 67 of the Arbitration Act 1996 / High Court Judgment on Challenge to Arbitral Tribunal's Jurisdiction
Outcome
Application dismissed
Legal Topics
Incorporation of Arbitration Clauses, Interpretation of Contracts, Jurisdictional Challenges, Arbitration Act 1996 Section 67
Arbitration Contract Law Incorporation of Arbitration Clauses Interpretation of Contracts Jurisdictional Challenges Arbitration Act 1996 Section 67

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Parties

Habas Sinai ve Tibbi Gazlar Isthisal Endustri A. S.

Claimant

Sometal S. A. L.

Respondent

Procedural Posture

Application Under Section 67 of the Arbitration Act 1996 / High Court Judgment on Challenge to Arbitral Tribunal's Jurisdiction

Legal Issues

  1. 1 Are general words of incorporation sufficient to incorporate an arbitration clause from previous contracts between the same parties?
  2. 2 Did the words 'all the rest will be same as our previous contracts' in the June Contract incorporate the London arbitration clause?

Ratio Decidendi

General words of incorporation in a contract between the same parties are capable of incorporating an arbitration clause from previous contracts between them, provided it is clear which terms are being incorporated and that the parties intended to incorporate the arbitration clause. In this case, the words 'all the rest will be same as our previous contracts' in the June Contract were sufficient to incorporate the London arbitration clause, given the context and sequence of prior dealings.

Court Disposition

Application dismissed

Orders

  • The application to set aside the Tribunal's Interim Final Award on Jurisdiction and Costs is dismissed.