Dreymoor and ECTG’s relationship involved five sets of contracts, each with different dispute resolution clauses as summarised in the table below:
Contract
(1) DAP/MAP Agency Agreement (the “umbrella” agreement), pursuant to which ECTG appointed Dreymoor as its sales agent for the sale of DAP/MAP in India
(2) DAP Third Party Sales Contracts, by which ECTG sold DAP to Indian companies
(3) DAP/MAP Sales Contracts, by which ECTG sold DAP/MAP to Dreymoor for re-sale to third parties
(4) Urea Agency Agreements (further umbrella agreements), pursuant to which ECTG appointed Dreymoor as its sales agent for the sale of Urea in India
(5) Urea Sales Contracts, by which ECTG sold Urea to Dreymoor for re-sale to third parties
Dispute Resolution clause
No dispute resolution clause
ICC arbitration clause
“Long-form” LCIA clause
“Short-form” LCIA clause
“Long-form” LCIA clause
The LCIA Arbitration Clause
The Long-form LCIA clause, in the DAP/MAP and Urea Sales Contracts (items (3) and (5) in the table above), provided that “any dispute or claim arising out of the contract” was first to be negotiated and (if unsuccessful) “such dispute, controversy or claim shall be referred to arbitration” under the LCIA Rules, seated in London, and determined by a sole arbitrator agreed by the parties, applying English law. The Short-form LCIA clause, in the Urea Agency Agreements (item (4)), provided that the agreement was governed by English law and that “disputes on this agreements [sic] shall be settled by LCIA”.