English Court Dismisses s.67 Jurisdiction Challenge to Award

In MPB v LGK [2020] EWHC 90 (TCC), the English High Court dealt with an application to set aside an award under s.67 of the English Arbitration Act on the ground that there was no arbitration agreement between the parties, such that the Tribunal had no substantive jurisdiction over the dispute referred to it.

See the review of this case by

Herbert Smith Freehills comment that the case is a:

“…useful reminder to contracting parties to ensure consistency in dispute resolution clauses where multiple contracts and standard terms are being adopted, or at the very least to set a clearly defined hierarchy between these contractual documents in the event of a conflict.”

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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