LISNAVE ESTALEIROS NAVAIS SA v CHEMIKALIEN SEETRANSPORT GMBH

[2013] Lloyd's Rep Plus 37

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Colin Edelman QC (sitting as a deputy judge of the High Court)

Arbitration - Jurisdiction - Implied term - Course of dealing - Ship management company and Portuguese shipyard concluding Ship Repair Fleet Agreement applying to future dry-docking and repairs to ships under management - No express provision in Agreement for arbitration - Whether Agreement contained implied term for arbitration on basis that previous individual ship repair contracts had contained provision for arbitration - Arbitration Act 1996, section 67.