The Business Law Reports
[2025] Bus LR 2412
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— Supply contract between claimant and Korean second defendant containing ICC London arbitration clause— Second defendant transferring part of its business to first defendant pursuant to Korean legislation— First defendant commencing arbitration proceedings against claimant and obtaining award— Whether business transfer making first defendant successor to second defendant’s rights and obligations under supply contract and arbitration agreement— Applicable law for determining issue— Whether rules concerning information to be included in request for arbitration creating jurisdictional requirements— Whether rules complied with—
ICC Arbitration Rules (2021), art 4(3)(c)(e)