NWA v NVF

Subject Matter

ARBITRATION — Arbitrator — Jurisdiction — Arbitration agreement requiring parties to mediate disputes before referring them to arbitration — Defendants referring dispute allegedly without complying with mediation requirement — Arbitral tribunal in partial award ruling failure to comply with requirement not going to tribunal’s jurisdiction to determine dispute — Whether award constituting ruling on substantive jurisdiction and therefore susceptible to challenge — Arbitration Act 1996 (c 23), ss 9(4), 30(1), 67

[2021] EWHC 2666 (Comm); [2021] Bus LR 1788; [2022] 1 Lloyd's Rep 629; [2021] WLR(D) 521, QBD