Arbitration Law Monthly
Stay of proceedings: existence of arbitration clause and dispute
Calver J in Helice Leasing SAS v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm) has reaffirmed the pro-arbitration stance of the English courts, and has ruled that: a contract containing seemingly conflicting arbitration and jurisdiction clauses should be construed as giving primacy to arbitration; and there can be a dispute capable of being referred to arbitration even in the case of an admitted debt.
Helice
: the facts