Intour S.R.L. v Emerald Cove (CS 220/1998) [2000] SCSC 3 (10 February 2000)
The arbitration clause in the international agreement is not void by virtue of rescission; there is no proof of its validity under Italian law to declare the court incompetent; and the respondent has not satisfied the court of readiness and willingness to arbitrate, so the plea in limine litis is dismissed.
- Citation
- [2000] SCSC 3
- Parties
- Applicant: Intour S. R. L.; Respondent: Emerald Cove Ltd
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 10 February 2000
- Case Number
- CS 220/1998
- Procedural Posture
- Civil / Ruling on Plea in Limine Litis
- Outcome
- plea in limine litis dismissed
- Legal Topics
- Arbitration Clause Validity, Jurisdiction, Contract Rescission, Foreign Law Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Intour S. R. L.
Applicant
Emerald Cove Ltd
Respondent
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Legal Issues
- 1 Whether the arbitration clause ousts the jurisdiction of the Supreme Court of Seychelles
- 2 Whether the arbitration clause remains valid after rescission of the contract
- 3 Whether proof of validity of the arbitration clause under Italian law is required
Ratio Decidendi
The arbitration clause in the international agreement is not void by virtue of rescission; there is no proof of its validity under Italian law to declare the court incompetent; and the respondent has not satisfied the court of readiness and willingness to arbitrate, so the plea in limine litis is dismissed.
Court Disposition
plea in limine litis dismissed
Orders
- The plea in limine litis is dismissed.
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