King’s Bench Division
Investcom Global Ltd v PLC Investments Ltd and others
[2024] EWHC 2505 (Comm)
2024 Sept 6; Oct 3
Henshaw J
ArbitrationSeat of arbitrationDetermination ofClaimant commencing ICC arbitration against defendants and companiesICC court designating Toronto as seat of arbitration in exercise of power to fix seat if “not agreed upon by all of the parties”Companies subsequently indicating intention not to participate actively in arbitrationWhether companies ceasing to be partiesWhether court required to revisit Toronto designation if claimant and defendants agreed different seatWhether good arguable case that arbitration to be seated in LondonWhether English court having supervisory jurisdiction over arbitrationWhether anti-suit injunctions staying foreign proceedings allegedly brought in breach of arbitration agreement to be continued Arbitration Act 1996 (c 23), s 3 ICC Arbitration Rules, art 18(1)

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