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Jurisdiction: existence of arbitration clause

Arbitration Law Monthly

Jurisdiction: existence of arbitration clause

The issue in DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWHC 181 (Comm) was whether a finding by an arbitrator that there was a binding charterparty containing an arbitration clause was capable of challenge on jurisdictional grounds. Jacobs J held that the charterparty and the arbitration clause were inseparable and that a jurisdictional challenge under section 67 of the Arbitration Act 1996 was available.

DHL : the facts

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