Herbert Smith Freehills reviews the English Court’s 2017 decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm), where the English Court considered and clarified the principles which apply to an application under section 18 of the English Arbitration Act 1996 which enables a party to apply to the court to exercise its powers to give directions as to the making of tribunal appointments or make the appointments itself. The authors note that the decision endorses the higher threshold of there being a “good arguable case” that a tribunal would have jurisdiction to determine the issue, and that the court’s approach remains in favour of not interfering with decisions that fall within the ambit of an arbitral tribunal’s jurisdiction, in line with the kompetenz-kompetenz principle.
English Court Clarifies Principles When Assisting With Appointment Of Arbitrators
