Is the separability of an arbitration agreement from the contract of which it is a part a matter for the law of the arbitration agreement or the law of the seat of the arbitration?
In his recent judgment in National Iranian Oil Company v Crescent Petroleum Company International Ltd  EWHC 510 (Comm), Burton J held it was a matter for the law of the seat. Continue reading
Yesterday’s Court of Appeal decision in Sarpd Oil International Ltd v Addax Energy SA  EWCA Civ 120 is not strictly a decision on jurisdiction or conflicts of law. It may well still be of significant interest to those involved in international litigation. It will be welcomed by defendants who wish to secure security for costs against claimant companies incorporated in low disclosure jurisdictions. The successful appellant was represented by two members of 20 Essex Street, David Lewis QC and Oliver Caplin. Continue reading