The WLR Daily case summaries
[2025] WLR(D) 339
King’s Bench Division
Energyen Corpn v HD Hyundai Heavy Industries Co Ltd and another
[2025] EWHC 1586 (Comm)
2025 June 10, 11; 26
Foxton J
Arbitration— Jurisdiction— Challenge— Claimant entering into contract with ICC arbitration clause governed by English law with holding company— Subsidiary company adopting holding company’s name and assuming rights under contract— Subsidiary commencing arbitration proceedings against claimant and obtaining arbitral award— Claimant challenging arbitral award for lack of jurisdiction— Whether holding company remaining party to arbitration agreement and arbitration proceedings commenced by holding company— Whether subsidiary’s request for arbitration invalid under ICC Rules for failure to describe succession to contract and attaching restructuring plan— Determination of effect of corporate succession where original company remaining in being— Whether ICC Rules on request for arbitration creating jurisdiction requirement— Whether ICC Rules on “description” of basis upon which claims made and “relevant agreements” within request for arbitration creating jurisdiction requirement—
ICC Arbitration Rules, art 4(3)(c)(e)