Arbitration Law Monthly

In National Investment Bank Ltd v Eland International (Thailand) Co Ltd and Another [2022] EWHC 1168 (Comm) Foxton J here decided two key points: that the appointment of an arbitrator by the court under section 18 of the Arbitration Act 1996 did not affect the right of the respondent to contest the jurisdiction of the tribunal under section 72 of the 1996 Act; and that where there is a permissive arbitration clause a decision to opt for litigation amounts to a waiver of the right to arbitrate so that the claimant in the judicial proceedings cannot then insist on arbitration.

In ARI v WXJ [2022] EWHC 1543 (Comm) Foxton J drew an important distinction between the contractual relationship between an arbitrator and the parties and the appointment of an arbitrator for the purposes of satisfying a requirement in a notice of arbitration.

In Soleymani v Nifty Gateway LLC [2022] EWCA Civ 1297 the Court of Appeal has reversed the first instance decision of Clare Ambrose, sitting as a Deputy High Court Judge, [2022] Lloyd’s Rep Plus 103. Ms Ambrose considered a series of difficult questions concerning the binding effect of arbitration clauses in consumer contracts. The points arose because the arbitration clause was governed by New York law and the seat of the arbitration was New York.