The Business Law Reports
[2022] Bus LR 747
Queen’s Bench Division
National Investment Bank Ltd v Eland International (Thailand) Co Ltd and another
[2022] EWHC 1168 (Comm)
2022 May 9; 16
Foxton J
Arbitration— Arbitrator— Jurisdiction— Defendants serving purported notice of arbitration on claimant and applying for court-appointed arbitrator— Claimant not participating in appointment application — Court granting application and awarding costs in defendants’ favour— Appointment statutorily deemed to have been made with parties’ agreement— Claimant seeking declaration that arbitrator lacking jurisdiction— Whether because of deeming provision claimant taken to have participated in appointment proceedings and therefore precluded from challenging arbitrator’s jurisdiction— Whether declaration to be granted— Whether costs order made in appointment proceedings falling away if notice of arbitration invalid—
Arbitration Act 1996 (c 23), ss 18, 72