The WLR Daily case summaries
[2022] WLR(D) 289
Queen’s Bench Division
NDK Ltd v HUO Holding Ltd and another
[2022] EWHC 1682 (Comm)
2022 June 14, 15; July 1
Foxton J
Arbitration— Award— Challenge to award— Group of investors establishing special purpose vehicle company to operate joint venture— Investors holding shares in company and entering into shareholders’ agreement to regulate relationship inter se— Shareholders’ agreement providing for resolution of disputes by arbitration— Dispute emerging between shareholders— Claimant commencing proceedings before courts of place of company’s incorporation under articles of association— Defendants commencing arbitration and obtaining anti-suit injunction requiring claimant to abandon court proceedings— Claimant challenging arbitral award as being of no effect on ground tribunal not having substantive jurisdiction— Defendants contending that issues raised by claimant not challenges to tribunal’s substantive jurisdiction— Whether challenges constituting challenges to tribunal’s substantive jurisdiction— Whether claims brought under articles of association falling within arbitration agreement in shareholders’ agreement— Whether matters raised in court proceedings under articles of association arbitrable under English law— Whether tribunal therefore having substantive jurisdiction— Whether challenge to award to be allowed—
Arbitration Act 1996 (c 23), ss 30, 67, 68