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High Court of Justice, Queen's Bench Division, Admiralty Court, 12-21 December 1977 and 13 January 1978

12 - 12 - 1977

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Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. IV (1979)
Jurisdiction United Kingdom
Related topics
211

The court discusses issues specific to bills of lading and charterparties, such as whether the subsequent holder of the bill of lading is bound by the arbitration agreement therein and whether the arbitration clause in the charterparty is incorporated into the bill of lading.

Bill of lading and charter party
214-216 Field of application
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
228

Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.

Pre-award attachment and other provisional measures
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