Jurisdiction

Scope of the arbitration clause I

The decision of Moore-Bick J in Esso Exploration & Production UK Ltd v Electricity Supply Board [2004] EWHC 723 (Comm), [2004] 1 All ER 926 (Comm) is a very simple illustration of the principle that a valid notice of arbitration can be given only in respect of a matter which is covered by the arbitration clause. If the dispute is not within the clause, then the arbitrator has no jurisdiction and the notice is invalid. The case is one of a very small number in which s32 of the Arbitration Act 1996 has been invoked.