Newcastle Express and the separability principle

The ‘separability principle’ – whereby an arbitration agreement contained in a fixture recap may be treated as independent to the remainder of the charterparty – was considered by the Court of Appeal in its recent decision to set aside an arbitration award, on the basis that the Tribunal had no substantive jurisdiction to hear the case as to whether the charterparty itself had been validly concluded. A summary of DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd by Lucinda Roberts, Senior Associate.

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Lucinda Roberts                                           
Senior Associate