Investment arbitration: jurisdiction

In Republic of Korea v Elliott Associates LP [2024] EWHC 2037 (Comm); [2024] 2 Lloyd's Rep 363 Korea sought to overturn an arbitration award under an investment treaty whereby Korea was found, through a commercial entity, to have interfered with EALP's rights in a company in which EALP held shares.

The question for Foxton J was whether the tribunal had exceeded its jurisdiction so that the award could be challenged under section 67 of the Arbitration Act 1996. Foxton J reviewed the distinction between jurisdiction and merits in investment cases. The judgment, as with so many of Foxton J's judgments, contains a most helpful summary of the principles to be derived from the authorities.