Stay of judicial proceedings: competing jurisdictions

In China Export & Credit Insurance Corporation v Emerald Energy Resources Ltd [2018] EWHC 1503 (Comm) an application was made for a stay of judicial proceedings commenced under a non-exclusive jurisdiction clause nominating the English courts. The respondent’s argument in favour of a stay was that the parties had agreed to arbitrate disputes under earlier arrangements between them.

The application for a stay was under section 9 of the Arbitration Act 1996 and, in the alternative, under the inherent jurisdiction of the court. As is now settled, the court itself resolved the jurisdictional question rather than deferring the decision to the arbitral tribunal.