Arbitration Law Monthly

In Sino Channel Asia Ltd v Dana Shipping & Trading Pte Singapore [2017] EWCA Civ 1703; [2018] 1 Lloyd’s Rep 17, an appeal heard by Gross and Flaux LJJ, the question was whether service of arbitration proceedings upon a third party seemingly acting for the respondent amounted to a valid service on the respondent.

In Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64; [2018] 1 Lloyd’s Rep 29 the Supreme Court by a 3:2 majority ruled that the claimant was unable to enforce in England an arbitration award obtained in Baghdad, by using third party debt orders and receivership orders.

It is common for disputes to arise as to whether a person is properly to be regarded as a party to an arbitration agreement. It is far less common for the same issue to arise in relation to both alleged parties. That was nevertheless the situation in SEA2011 Inc v ICT Ltd [2018] EWHC 520 (Comm); [2018] 1 Lloyd's Rep 463.