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