Seat of the arbitration: the seat and curial jurisdiction

Under section 2 of the Arbitration Act 1996 the supervisory powers of the English court over an arbitration apply – other than in very limited circumstances – where the seat of the arbitration is England. In Atlas Power Ltd and Others v National Transmission and Despatch Co Ltd [2018] EWHC 1052 (Comm) the respondents sought to argue that the parties’ arbitration agreement governed by English law should be construed as conferring concurrent jurisdiction on the courts of England and Pakistan, or that the parties had not in fact chosen England as the seat.

Atlas : the facts