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Enforcement of peremptory orders: effect of jurisdictional challenge
Online Published Date : 22 March 2023 | Appeared in issue: Vol 23 No 3 - 22 March 2023
S3D Interactive Inc v Oovee Ltd [2022] EWCA Civ 1665 was an appeal from the decision of Butcher J in RQP v ZYX [2022] EWHC 2949 (Comm), previously discussed in Arbitration Law Monthly, raising the question whether an outstanding challenge to the jurisdiction of an arbitral tribunal precludes the enforcement by the court, under section 42 of the Arbitration Act 1996 of a peremptory order made by the tribunal.
Arbitration Law Monthly
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Jurisdiction: preclusion of jurisdictional challenges
Online Published Date : 22 March 2023 | Appeared in issue: Vol 23 No 3 - 22 March 2023
In National Iranian Oil Co v Crescent Petroleum Co International Ltd and Another [2022] EWHC 2641 (Comm) Butcher J restated with some modifications the principles underlying the bar to jurisdictional challenges under section 73 of the Arbitration Act 1996. The issue is whether the jurisdictional grounds upon which an objection was made in the arbitration are the same as those relied upon in a challenge to the award under section 67.
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Breach of arbitration clause: anti-suit injunction
Online Published Date : 22 March 2023 | Appeared in issue: Vol 23 No 3 - 22 March 2023
The facts of QBE Europe SA/NV v Generali Espana de Seguros y Reaseguros [2022] EWHC 2062 (Comm) were fairly typical of those arising where a policy issued by marine insurers contains London arbitration provisions and an attempt is made by a third party to claim against the insurers in judicial proceedings in some other jurisdiction and based on the direct actions legislation of that jurisdiction. FoxtonJ, applying well-established principles, held that relief in the form of an anti-suit injunction should be granted.