Incorporating an arbitration clause

Habas Sinai v E Tibbi Gazlar Isthisal Endustri AS v Sometal SAL [2010] EWHC 29 (Comm), 18 January; [2010] All ER (D) 99 (Jan); NLJ 29 January p145

By a written contract the respondent Lebanese company agreed to sell a consignment of steel scrap to the claimant Turkish company. The contract contained a number of terms and then ended with the words ‘All the rest will be same as our previous contracts’. There had been 14 previous contracts between the parties. On the respondent alleging that the claimant had repudiated the contract by failing to take delivery of the scrap it sought to refer the dispute to London Court of International Arbitration. The claimant challenged the jurisdiction of the tribunal on the basis that an arbitration clause in favour of London did not form part of the contract.