Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi AS v VSC Steel Company Ltd

Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi AS v VSC Steel Company Ltd

A valid and binding arbitration agreement was made between Habas and VSC with ostensible authority conferred by the Agency Letter; the applicable law to the arbitration agreement is English law as determined by the seat (London); Turkish law formal requirements were satisfied; Habas’s objections based on new grounds are barred by section 73; the Tribunal’s award stands and the applications under sections 67 and 69 are dismissed.

Parties
Claimant: Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS; Defendant: VSC Steel Company Ltd
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Commercial Arbitration Challenge / Judgment on Applications Under Sections 67 and 69 of the Arbitration Act 1996
Outcome
Applications under sections 67 and 69 of the Arbitration Act 1996 dismissed.
Legal Topics
Arbitration Agreement Validity, Authority of Agents, Applicable Law in Arbitration, Formal Requirements for Arbitration Agreements, Damages for Non Delivery, Jurisdictional Objections
Arbitration Contract Law Agency Law Arbitration Agreement Validity Authority of Agents Applicable Law in Arbitration Formal Requirements for Arbitration Agreements Damages for Non Delivery +1 more

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Parties

Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi AS

Claimant

VSC Steel Company Ltd

Defendant

Procedural Posture

Commercial Arbitration Challenge / Judgment on Applications Under Sections 67 and 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether Habas lost the right to object to the Tribunal’s jurisdiction under section 73 of the Arbitration Act 1996
  2. 2 Whether there was a binding consensus to a London arbitration agreement
  3. 3 Applicable law to the arbitration agreement and authority issues

Ratio Decidendi

A valid and binding arbitration agreement was made between Habas and VSC with ostensible authority conferred by the Agency Letter; the applicable law to the arbitration agreement is English law as determined by the seat (London); Turkish law formal requirements were satisfied; Habas’s objections based on new grounds are barred by section 73; the Tribunal’s award stands and the applications under sections 67 and 69 are dismissed.

Court Disposition

Applications under sections 67 and 69 of the Arbitration Act 1996 dismissed.

Orders

  • Section 67 application dismissed; Tribunal’s jurisdiction upheld.
  • Section 69 application dismissed; permission to appeal refused.