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Lloyd's Law Reporter

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[2016] EWHC 3003 (Comm), Queen's Bench Division, Commercial Court, Sir Jeremy Cooke sitting as a Judge of the High Court, 25 November 2016

Arbitration - Assignment of arbitration clause - International Chamber of Commerce Arbitration Rules - Arbitration Act 1996, sections 30, 67, 68 and 73

P, an Indian company, and E entered into a long-term contract for the supply of iron or fines. The contract was governed by English law and disputes were to be resolved by arbitration in London under the Rules of the International Chamber of Commerce. A dispute was referred to arbitration. In the course of the arbitration, on 7 February 2015, by order of the Bombay High Court all of P's assets were vested in F. On 25 February 2015 F applied to the tribunal to be substituted as claimant in the arbitration. By its award dated 29 February 2016 the tribunal permitted the substitution and awarded F the sum of US$39,472,800 plus interest, with costs reserved. E challenged the award for want of jurisdiction under section 67 of the Arbitration Act 1996, claiming that the tribunal had no jurisdiction to permit the substitution of F as claimant and that arbitration had lapsed on 7 February 2015 when P ceased to exist. Alternatively, E appealed on the basis that the tribunal lacked jurisdiction or power under the ICC Rules 1998 to permit substitution.

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