English High Court refuses to determine the existence of a disputed arbitration clause prior to the commencement of arbitration proceedings

High Court Justice Inglaterra Gales2016 | Junio 16
In a recent decision, the English High Court determined that it would be wrong in principle for the court to determine whether parties to a disputed contract had entered into a binding arbitration agreement in circumstances where one party intended to commence arbitration proceedings on the basis of the disputed arbitration agreement.

In HC Trading Malta Ltd v Tradeland Commodities S.L. [2016] EWHC 1279 (Comm), the decision highlights the respect afforded to the arbitral process under the Arbitration Act 1996 (“the Act“) and affirms that it is only in circumstances where the court is required to “fill a gap”, such as with anti-suit injunctions preventing a party from commencing or continuing proceedings in another forum, that it will rule on the jurisdiction of an arbitral tribunal.

Origen:
English High Court refuses to determine the existence of a disputed arbitration clause prior to the commencement of arbitration proceedings | Herbert Smith Freehills – Arbitration notes

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