National Investment Bank Ltd v Eland International (Thailand) Co Ltd

Subject Matter

ARBITRATION — Arbitrator — Jurisdiction — Defendants serving purported notice of arbitration on claimant and applying for court-appointed arbitrator — Claimant not participating in appointment application — Court granting application and awarding costs in defendants’ favour — Appointment statutorily deemed to have been made with parties’ agreement — Claimant seeking declaration that arbitrator lacking jurisdiction — Whether because of deeming provision claimant taken to have participated in appointment proceedings and therefore precluded from challenging arbitrator’s jurisdiction — Whether declaration to be granted — Whether costs order made in appointment proceedings falling away if notice of arbitration invalid — Arbitration Act 1996 (c 23), ss 18, 72

[2022] EWHC 1168 (Comm); [2022] Bus LR 747; [2023] 1 Lloyd's Rep 174; [2022] WLR(D) 222, QBD