High Court Establishes Relationship between EU Law and Arbitration

On the 30October 2009 Mr Justice Tugendhat gave judgement in Accentuate Ltd -v- Assigra Inc, a case concerning the relationship between EU law and the law of arbitration.

The judge held that English courts must give effect to mandatory provisions of EU law, notwithstanding any expression to the contrary on the part of the contracting parties, including the situation where the contract had provided for a foreign place of arbitration and a foreign law and the arbitration had not given effect to a mandatory provision of EU law.

Philip Moser acted for the appellant.

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