Arbitration agreements “subject to contract”, and the limited scope of the separability principle

20th January 2023

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3PB commercial barrister Mariya PeykovaMariya PeykovaCall: 2013 reviews the recent case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555 in relation to arbitration agreements, and the limited scope of the separability principle.

The case considered whether a proposed charterparty which was expressly stated to be ‘subject shipper/receivers approval’ contained a binding arbitration agreement conferring jurisdiction on an arbitrator to determine whether the charterparty contract had been concluded.

Click here to read Mariya's full analysis.

Mariya completed her pupillage with 3PB in October 2020 and is currently undertaking work in a wide range of 3PB’s core areas of practice, with a particular focus and interest in commercial and public law.

To contact or instruct Mariya, please contact her clerk David Fielder or call 0207 583 8055.