Preliminary Award in ICC Case No. 5505

XIII Y.B. Comm. Arb. 110 (1988)

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Preliminary Award in ICC Case No. 5505

Panel of Arbitrators
XIII Y.B. Comm. Arb. 110 (1988)

Facts

The claimant (plaintiff), a Mozambique seller, and the respondent (defendant), a Dutch seller, entered a contract for the sale of seed potatoes. The contract contained an arbitration clause requiring the parties to submit any disputes to arbitration under the “regulation for agreement and arbitration” of the International Chamber of Commerce (ICC). The arbitration agreement provided that the arbitration would occur in Switzerland and that “the law applicable is that known in England.” A dispute arose between the parties, and the parties initiated arbitration. During arbitration, the parties disagreed about the meaning of the phrase “the law applicable is that known in England.” The respondent argued the phrase did not demonstrate a clear and unambiguous choice by the parties to apply English substantive law to the contract. The respondent further argued the parties were not free to choose English law as the applicable law for the contract as the matter lacked a connection with English law.

Rule of Law

Issue

Holding and Reasoning (Muller, J.)

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