The WLR Daily case summaries
[2022] WLR(D) 222
Queen’s Bench Division
National Investment Bank Ltd v Eland International (Thailand) Co Ltd and another
[2022] EWHC 1168 (Comm)
2022 May 9, 17
Foxton J
Arbitration— Arbitrator— Jurisdiction— First defendant commencing foreign court proceedings against claimant— Claimant serving defence and counterclaim and seeking to make second defendant party to counterclaim— Second defendant participating in foreign proceedings but subsequently seeking stay in favour of arbitration— Defendants jointly serving purported notice of arbitration on claimant before successfully applying to English court for appointment of arbitrator and awarded costs— Claimant applying as non-participating party for declaration that arbitrator appointed not having jurisdiction and seeking setting aside of costs order— Whether appointment of arbitrator by court precluding reliance by non-participating party on statutory saving provision to challenge arbitrator’s jurisdiction— Whether costs order to be set aside—
Arbitration Act 1996 (c 23), ss 18, 72