A test of arbitration

A recent court decision has shown support for arbitration but also of the need to step in on occasion, as Faris Shehabi, of HFW, reports


The dispute resolution team at HFW Shanghai, led by partners Trevor Fox and Julian Davies, recently secured the setting aside of an arbitral award on jurisdiction by the English High Court on behalf of their clients. In Jiangsu Shagang Group Co Ltd v Loki Owning Co Ltd [2018] EWHC 330 (Comm), the English High Court was asked to determine an appeal brought against an award on jurisdiction rendered by a three-person tribunal appointed under LMAA terms. The appeal was made pursuant to section 67 of the Arbitration Act 1996, which allows parties in an arbitration to appeal a tribunal’s finding on substantive jurisdiction to the High Court.