Express Exclusion of Part I of The Arbitration Act

My Lord, If an Arbitration Clause stipulates that any dispute under the contract ‘is to be settled and referred to Arbitration in London’ and further stipulates that ‘English Law’ will apply – does that Arbitration Clause expressly exclude the applicability of Part I of the Arbitration Act?

Yes.

The parties have clearly intended that the Arbitration will be conducted in accordance with English Law and the Seat of the Arbitration will be at London… This means that English Law will apply to the conduct of the Arbitration. It must also follow that any objection to the conduct of the Arbitration or the Award will also be governed by English Law. Clearly, this implies that the challenge to the Award must be in accordance with English Law. There is thus an express exclusion of the applicability of Part I… This is a case where two factors exclude the operation of Part I of the Arbitration Act. Firstly, the Seat of Arbitration which is in London and secondly the clause that English Law will apply. As a matter of fact the mere choosing of the Juridical Seat of Arbitration attracts the law applicable to such location. In other words it would not be necessary to specify which law would apply to the Arbitration, since the law of the particular country would apply ipso jure.”

– Hon’ble Justice S.A. BobdeEitzen Bulk v. Ashapura Minechem, [Civil Appeal Nos. 5131-5133 of 2016].

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