Bifurcation and Substantive Jurisdiction in Arbitration – Shaun Lee Associate, Olswang LLP Asia LLP (Singapore)

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This article reviews the English High Court in Arsanovia Ltd & Ors v Cruz City 1 Mauritius Holdings, [2012] EWHC 3702 (Comm) decision dealing with the issues of governing laws and (substantive) jurisdiction with regard to three LCIA (London Court of International Arbitration) arbitrations between 4 parties under various agreements. One of the issues that arose from the fact was that one of the parties in the arbitration proceedings was signatory to specified parts of the substantive agreement, which did not include the arbitration clause. The court considered the issue from bifurcation under the Indian and English law.

This topic and many more are covered in the ‘Summer 2013’ Digest.

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