Interserve Industrial Services Ltd v ZRE Katowice SA [2012] EWHC 3205 (TCC) (09 November 2012)

Interserve Industrial Services Ltd v ZRE Katowice SA [2012] EWHC 3205 (TCC) (09 November 2012)

The December agreement was not a stand-alone agreement but operated as a variation or supplemental agreement to the subcontract. There was an implied term that disputes under the December agreement would be subject to the same dispute resolution procedure as the subcontract, including arbitration. The exclusive jurisdiction clause in the December agreement was interpreted as specifying the curial law, not excluding arbitration.

Citation
[2012] EWHC 3205 (TCC)
Parties
Claimant: Interserve Industrial Services Limited; Defendant: ZRE Katowice S.A.
Jurisdiction
England and Wales
Judgment Date
09 November 2012
Procedural Posture
Application to Stay Proceedings to Arbitration / Interim Application
Outcome
Application to stay proceedings to arbitration granted
Legal Topics
Arbitration Agreements, Variation of Contract, Dispute Resolution Clauses, Implied Terms, Jurisdiction Clauses
Construction Law Arbitration Arbitration Agreements Variation of Contract Dispute Resolution Clauses Implied Terms Jurisdiction Clauses

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Parties

Interserve Industrial Services Limited

Claimant

ZRE Katowice S.A.

Defendant

Procedural Posture

Application to Stay Proceedings to Arbitration / Interim Application

Legal Issues

  1. 1 Whether the December agreement is subject to the arbitration clause in the subcontract
  2. 2 Whether the December agreement is a stand-alone agreement or a variation of the subcontract
  3. 3 Whether there is an implied term incorporating the dispute resolution provisions of the subcontract into the December agreement

Ratio Decidendi

The December agreement was not a stand-alone agreement but operated as a variation or supplemental agreement to the subcontract. There was an implied term that disputes under the December agreement would be subject to the same dispute resolution procedure as the subcontract, including arbitration. The exclusive jurisdiction clause in the December agreement was interpreted as specifying the curial law, not excluding arbitration.

Court Disposition

Application to stay proceedings to arbitration granted

Orders

  • Proceedings stayed to arbitration under section 9 of the Arbitration Act 1996