S3D INTERACTIVE INC v OOVEE LTD

[2023] BLR 83

COURT OF APPEAL(CIVIL DIVISION)

Before Lord Justice Lewison,Lord Justice Popplewell,Lord Justice Birss

Arbitration – Peremptory order by arbitrator – Security ordered to be provided – Failure to provide security – Purported termination of arbitration agreement – Application to court by each party, one under Arbitration Act, section 32 to determine jurisdiction, the other under Arbitration Act, section 42 to enforce peremptory order – Principles and whether jurisdiction needs determining by court prior to making section 42 order.