Lisnave Estaleiros Navais SA v Chemikalien Seetransport GmbH - QBD (Comm Ct) (Colin Edelman QC, sitting as a Deputy High Court Judge) [2013] EWHC 338 (Comm) - 27 February 2013

Arbitration - Jurisdiction - Parties concluding "Ship Repair Fleet Agreement" - Whether Fleet Agreement incorporated arbitration clause in shipyard's GeneralConditions - Whether implied term based on prior course of dealing

The defendant (CST) managed a fleet of vessels for individual shipowning companies. On 11 September 2007 CST concluded a “Ship Repair Fleet Agreement” (the Fleet Agreement) with the claimant shipyard (Lisnave). The Fleet Agreement did not expressly incorporate Lisnave’s General Conditions, which contained a London arbitration clause.