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20.12.12

Judgment in ASES Havacilik Servis Ve Destek Hizmetleri AS v Delkor UK Limited [2012] EWHC 3518 (Comm)

Shantanu Majumdar’s client, a Turkish company, made a successful application to set aside a jurisdictional award of an English arbitrator under s 67 of the Arbitration Act 1967.

Such challenges rarely succeed and the stakes in this case were especially high because an 8-day hearing of the arbitration was due to take place in Istanbul the week after the hearing of the application in the Commercial Court. In a commendably speedy decision, Mr Justice Hamblen decided that no English arbitration clause had been incorporated into the agreement between the parties and that various technical challenges to the application by the English defendant also failed.

Please click here to read the judgment.

Please click here to view Shantanu Majumdar’s profile.