Arbitration proceedings: commencement of the arbitration

The main question in Libero Commodities SA v Augustin [2015] EWHC 1815 (Comm) was whether a written request for arbitration under the Bylaws of the International Cotton Association (ICA) was valid in the absence of the payment of the relevant fee to the ICA. Christopher Butcher QC, sitting as a Deputy Judge of the High Court, held that the ICA Bylaws properly construed did not make payment a condition precedent to the valid commencement of the arbitration.

Libero : the agreement