Report for the Hearing

Abstract

(BRUSSELS CONVENTION – POINT 4 OF THE SECOND PARAGRAPH OF ARTICLE 1 – ARBITRATION) REFERENCE to the Court pursuant to the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters by the Court of Appeal, London, for a preliminary ruling in the proceedings pending before it between Marc Rich and Co. A. G., whose registered office is at Zug, Switzerland and Societa Italiana Impianti P. A., whose registered office is at Genoa, Italy, on the interpretation of point 4 of the second paragraph of Article 1 of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters. ### I – Facts and. procedure By a telex message of 23 January 1987, Marc Rich & Co. A. G., the plaintiff in the main proceedings (hereinafter referred to as ‘the plaintiff’), made an offer to purchase, on f.o.b. terms, a quantity of Iranian crude oil from Societa Italiana Impianti P. A., the defendant in the main proceedings (hereinafter referred to as ‘the defendant’). On 25 January the defendant accepted the plaintiff's offer, subject to certain further conditions. On 26 January the plaintiff confirmed its acceptance of those further conditions and then, on 28 January, sent another telex message setting out the terms of the contract and including the following clause: > ‘ Law and arbitration > > Construction validity and performance of this contract shall be construed in accordance with English law. Should any dispute arise between buyer and seller the matter in dispute shall be referred to three persons in London. One to be appointed by each of the parties hereto and the third by the two so chosen, their decision or that of any two of them …