SCC Case 10/2005 - Chapter 12 - SCC Arbitral Awards: 2004-2009
Phillip Capper, Head of International Arbitration, Lovells and Professor at King’s College, London
Originally from SCC Arbitral Awards 2004-2009
XII. SCC CASE 10/2005
a) Pathological arbitration agreement lacking a clear identification of any arbitration institution
b) Two-tier clause (negotiation before arbitration)
c) Whether entry into a new arbitration agreement before arbitrating the dispute was necessary
(2) Arbitrability -- The arbitration agreement was allegedly against public policy in the respondents' country.
(3) Were the claimant and the second respondent parties to the arbitration agreement?
(4) Applicable law as to the arbitration agreement.
(5) Applicable law as to the substance of the dispute.
Observations by Phillip Capper