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Order for alternative service of arbitration claim form upheld (Flota Petrolera Ecuatoriana v Petroleos De Venezuala)

Order for alternative service of arbitration claim form upheld (Flota Petrolera Ecuatoriana v Petroleos De Venezuala)
Published on: 16 February 2018
Published by: LexisPSL
  • Order for alternative service of arbitration claim form upheld (Flota Petrolera Ecuatoriana v Petroleos De Venezuala)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Permission to serve out of the jurisdiction
  • Alternative service
  • Alleged non-disclosure by the claimant
  • Case details

Article summary

Arbitration analysis: Mr Justice Leggatt in the Commercial Court dismissed an application by a defendant Venezuelan company to set aside an order granting the claimant permission under CPR 6.15 to serve an arbitration claim form (for the appointment of a sole arbitrator) on the defendant by an alternative method consisting of service on its London solicitors acting for it in closely related arbitrations. Although not a judgment on jurisdiction per se, the decision will be of interest to practitioners given the court’s interpretation of arbitration clauses found in a contract of affreightment and voyage charters made thereunder, and for the court’s willingness to use the context of arbitration proceedings to permit the use of alternative service on the defendant’s solicitors rather than serving out of the jurisdiction pursuant to the Hague Convention. or take a trial to read the full analysis.

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