HC Trading Malta Ltd v Tradeland Commodities SL – QBD (Comm Ct) (HHJ Waksman QC, sitting as a Judge of the High Court) [2016] EWHC 1279 (Comm) – 2 June 2016

Practice – Declaratory relief – Claimant asserting existence of contract containing London arbitration clause – Claimant issuing claim in High Court seeking declaration that binding arbitration agreement existed – Whether claim should be struck out

A dispute arose as to whether a binding contract was concluded under which the defendant (Tradeland) would purchase 250,000 mt of clinker in bulk from the claimant (HCT), to be shipped in a series of parcels. HCT said that they did, and that the contract contained a London arbitration clause. That was denied by Tradeland.