Prior course of dealing between parties did not mean they had agreed to arbitrate

In the case Lisnave Estaleiros Navais SA v Chemikalien Seetransport GmbH [2013] EWHC 338 (Comm), the Commercial Court considered the circumstances in which a term may be implied into a contract as a result of a course of dealing between the parties. The particular term that the fleet agent was seeking to imply into a fleet agreement with a shipyard was an agreement to arbitrate. After considering the relevant case law, the court held that it was impossible to conclude that the parties intended that this term should form a part of their contract.

The Claimant shipyard (Lisnave) entered into a Fleet Agreement with the Defendant fleet agent (CST) in relation to repairs for vessels managed by CST. Lisnave subsequently entered into separate ship repair contracts with each of the ship-owners whose vessels were managed by CST. The purpose of the Fleet Agreement was to set out the terms which would apply to each individual repair contract. The repair contracts expressly incorporated Lisnave’s General Conditions. In particular, Article 15.2 of the General Conditions provided for disputes to be resolved by arbitration in London…

If you are registered and logged in to the site, click on the link below to read the rest of the Ince & Co briefing. If not, please register or sign in with your details below.


Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Ince & Co

View more briefings from Ince & Co

Analysis from The Lawyer


International House
1 St Katharine's Way

Turnover (£m): 86.70
No. of lawyers: 273 (UK 200)
Offices: 4
Qualified lawyers: 53 (estimated)
(International 50)
Partners: 18