02 December 2010
Stellar Shipping Co LLC v Hudson Shipping Lines [2010] EWHC 2985 (Comm), [2010] All ER (D) 236 (Nov)
It was established law that the construction of an arbitration clause should start from the assumption that the parties, as rational businessmen, were likely to have intended any dispute arising out the relationship into which they had entered or purported to enter to be decided by the same tribunal.
The clause was to be construed in accordance with that presumption unless the language made it clear that certain questions were intended to be excluded from the arbitrator’s jurisdiction.
