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Stay of proceedings: existence of arbitration clause and dispute

Arbitration Law Monthly

Stay of proceedings: existence of arbitration clause and dispute

Calver J in Helice Leasing SAS v PT Garuda Indonesia (Persero) TbK [2021] EWHC 99 (Comm) has reaffirmed the pro-arbitration stance of the English courts, and has ruled that: a contract containing seemingly conflicting arbitration and jurisdiction clauses should be construed as giving primacy to arbitration; and there can be a dispute capable of being referred to arbitration even in the case of an admitted debt.

Helice : the facts

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