Application for relief

The Arbitration Act 1996 sets out various mechanisms by which a person who believes that he has been dragged into an arbitration without his agreement may challenge the jurisdiction of the arbitrators. One such mechanism is an application to the court for a declaration or injunction under s72 of the Act, a condition of which is that the applicant has not taken part in the arbitration. The main point of interest in Hackwood Ltd v Areen Design Services Ltd [2005] EWHC 2322 (Comm) is the discussion of the consequences of a failed application.