Arbitration Law Monthly

In OWH SE iL v RTI Ltd and Another [2026] EWHC 1015 (Comm); [2026] Lloyd's Rep Plus 41 Dias J dealt with the relatively unusual situation in which summary enforcement of an award from an arbitration seated in England was challenged on the grounds that it offended English public policy.

In MS "V1" GmbH & Co KG v SY Co Ltd [2026] EWHC 52 (Comm) HHJ Pelling KC considered whether an arbitral tribunal had jurisdiction to determine whether a claim in tort brought by an assignee of a contract containing an arbitration clause was restricted by exclusions in the contract.

Under section 45 of the Arbitration Act 1996 reference may be made to the court for a preliminary ruling on a point of English law. The operation of that section was considered in detail by Trower J in Republic of India v CC/Devas (Mauritius) Ltd and Others [2026] EWHC 156 (Comm); [2026] 1 Lloyd's Rep 290. The case was somewhat unique in that the point of law involved was not relevant to the substance of the dispute but rather to the procedure of the arbitration.