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Helice Leasing SAS v PT Garuda Indonesia (Persero) TbK – QBD (Comm Ct) (Calver J) [2021] EWHC 99 (Comm) – 20 January 2021

Lloyd's Maritime Law Newsletter

Helice Leasing SAS v PT Garuda Indonesia (Persero) TbK – QBD (Comm Ct) (Calver J) [2021] EWHC 99 (Comm) – 20 January 2021

Arbitration – Stay of proceedings – Claimant bringing action to recover unpaid rent under aircraft lease – Defendant admitting claim but refusing to pay – Lease containing arbitration clause giving claimant option to bring “court action” – Whether claimant had unilateral option to litigate in court – Whether a “dispute” existed – Whether court action should be stayed in favour of arbitration – Arbitration Act 1996, section 9

This was a claim by a lessor of an aircraft operating lease against the defendant lessee of a Boeing B737-800 aircraft for non-payment of Basic and Additional Rent as defined in the Lease, as well as an indemnity. The claimant said that the continuing payment breaches that had occurred constituted Events of Default under the lease.

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