Claimant: Buyer (Mozambique) v. Defendant: Seller (The Netherlands)
International Chamber of Commerce
13 Y.B. Comm. Arb. 110 (1988)
- Written by Sara Adams, JD
Facts
A seller from the Netherlands (defendant) and a buyer from Mozambique (plaintiff) entered into a sales contract. A dispute arose between the buyer and seller, and the matter was referred to arbitration pursuant to an arbitration clause in the contract stating that disputes would be arbitrated before the International Chamber of Commerce in Switzerland. The arbitration clause also stated that the “law applicable was that known in England.” The buyer and seller disputed whether that phrase functioned as a choice of governing substantive law. The buyer asserted that English substantive law must apply because the arbitration clause included a valid choice of English substantive law, and the seller argued that English substantive law was not an option available to the parties because the dispute had no connection with English law.
Rule of Law
Issue
Holding and Reasoning (Muller, J.)
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