Enforcement of peremptory orders: effect of jurisdictional challenge

S3D Interactive Inc v Oovee Ltd [2022] EWCA Civ 1665 was an appeal from the decision of Butcher J in RQP v ZYX [2022] EWHC 2949 (Comm), previously discussed in Arbitration Law Monthly, raising the question whether an outstanding challenge to the jurisdiction of an arbitral tribunal precludes the enforcement by the court, under section 42 of the Arbitration Act 1996 of a peremptory order made by the tribunal.

The parties settled the dispute before judgment, but the point raised was of general importance and the Court of Appeal chose to set out what would have been decided had the issue been live.