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Stay of proceedings: existence of arbitration agreement

Arbitration Law Monthly

Stay of proceedings: existence of arbitration agreement

The question in Premier Cruises Ltd v DLA Piper Rus Ltd and Another [2021] EWHC 151 (Comm); [2021] 1 Lloyd’s Rep 511 was whether the disputed existence of a valid arbitration agreement was a matter for the court or the tribunal. David Edwards QC applied the now accepted English approach that the court would determine the question on the evidence before it, even though agreement if valid would have been governed by Russian law.

Premier Cruises: the facts

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