Habas Sinai VE Tibbi Gazlar Isthisal Endustri A.S. v Sometal S.A.L.

Habas Sinai VE Tibbi Gazlar Isthisal Endustri A.S. v Sometal S.A.L.

General words of incorporation in the June Contract were sufficient to incorporate the London arbitration clause from previous contracts between the same parties. The sequence and context of the contracts demonstrated the parties’ intention to incorporate the arbitration clause, and there was no requirement for an express reference to the clause in this single-contract context.

Parties
Claimant: Habaş Sinai ve Tibbi Gazlar Isthisal Endüstri A.Ş.; Respondent: Sometal S.A.L.
Jurisdiction
England and Wales
Judgment Date
18 January 2010
Procedural Posture
Commercial Arbitration Challenge / Judgment on Application Under Section 67 of the Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Incorporation of Arbitration Clauses, Interpretation of Contract Terms, Jurisdiction of Arbitral Tribunal
Arbitration Contract Law Incorporation of Arbitration Clauses Interpretation of Contract Terms Jurisdiction of Arbitral Tribunal

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Parties

Habaş Sinai ve Tibbi Gazlar Isthisal Endüstri A.Ş.

Claimant

Sometal S.A.L.

Respondent

Procedural Posture

Commercial Arbitration Challenge / Judgment on Application Under Section 67 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether general words of incorporation in a contract are sufficient to incorporate an arbitration clause from previous contracts between the same parties
  2. 2 Whether the specific words used in the June Contract incorporated the London arbitration clause

Ratio Decidendi

General words of incorporation in the June Contract were sufficient to incorporate the London arbitration clause from previous contracts between the same parties. The sequence and context of the contracts demonstrated the parties’ intention to incorporate the arbitration clause, and there was no requirement for an express reference to the clause in this single-contract context.

Court Disposition

Application dismissed

Orders

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