The Business Law Reports
[2022] Bus LR 761
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— Claimant and defendants shareholders in foreign registered special purpose vehicle— Parties entering into shareholder agreement containing arbitration clause— Claimant bringing court proceedings framed solely by reference to special purpose vehicle’s articles of association — Defendants contending proceedings in breach of arbitration clause and obtaining anti-suit relief from arbitral tribunal — Claimant invoking right to challenge award as to tribunal’s “substantive jurisdiction”— Whether grant of anti-suit relief jurisdictional and therefore susceptible to challenge— Whether differences in character between articles of association and shareholders’ contract preventing proceedings being within scope of arbitration clause—
Arbitration Act 1996 (c 23), ss 30, 67