Commencement of arbitration: scope of reference

In Glencore International AG v PT Tera Logistic Indonesia; Glencore International AG v PT Arpeni Pratama Ocean Line TBK [2016] EWHC 82 (Comm) the question before Knowles J was the scope of the reference to arbitration. The arbitration notice referred to “all disputes” and the question was whether that phrase encompassed counterclaims not at the time made. Knowles J held that it did, but refused to be drawn on the question whether the alternative phrase “all claims” operated in the same way.

Glencore : the facts