England: Fiona Trust & Holding Corporation & ors v. Yuri Privalov and others - International Arbitration Court Decisions - 3rd Edition

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Author(s): 
Gilles Cuniberti
Page Count: 
40 pages
Media Description: 
PDF from "International Arbitration Court Decisions - 3rd Edition"
Jurisdictions: 
$40.00
Published: 
June, 2011
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Originally from International Arbitration Court Decisions - 3rd Edition

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JUDGMENT BY THE SUPREME COURT OF

JUDICATURE COURT OF APPEAL (CIVIL DIVISION),
LONDON CASE NO. [2007] EWCA CIV 20, RENDERED
IN JANUARY 2007
and
JUDGMENT BY THE HOUSE OF LORDS OF APPEAL,
LONDON CASE NO. [2007] UKHL 40, RENDERED IN
OCTOBER 2007
Subject Matters

1) Interpretation of arbitration agreements
2) Scope of separability principle
Findings
1) Arbitration agreements referring to disputes arising “out of” or “under” the
contract are not to be given a narrow meaning.
2) The separability principle applies to claims that the contract was entered
into by an agent who was bribed and thus lacked authority to conclude
such contract.
Parties in Fiona Trust
Appellant/Defendant: Yuri Privalov and others
Respondent/Claimant: Fiona Trust & Holding Corporation & ors
Counsel in Fiona Trust
For Appellant/Defendant: Nicholas Hamblen QC and Vernon Flynn
(Instructed by Lawrence Graham Llp)
For Respondent/Claimant: Christopher Butcher QC and Philip Jones QC
(Instructed by Ince & Co)
Parties in Nafta
Appellant/Claimant: Fili Shipping Co Ltd
Defendant/Respondent: Premium Nafta Products Ltd
Counsel in Nafta
For Appellant/Claimant: Christopher Butcher QC and Philip Jones QC
(Instructed by Ince & Co)
For Defendant/Respondent: Nicholas Hamblen QC and Vernon Flynn
(Instructed by Lax & Co)

Table of Contents: 

ENGLAND

(COURT OF APPEAL & HOUSE OF LORDS)
Fiona Trust & Holding Corporation & ors v. Yuri Privalov and others,
Judgment of the Supreme Court of Judicature Court of Appeal
(Civil Division), London rendered in January 2007 in Case No. [2007]
EWCA CIV 20
Premium NAFTA Products, Ltd. v. Fili Shipping Co., Ltd., Judgment of
the House of Lords of Appeal, London rendered in October 2007 in
Case No. [2007] UKHL 40
SUBJECT-MATTERS:
(1) Interpretation of arbitration agreements
(2) Scope of separability principle
Observations by Gilles Cuniberti