Client Alert

Silence Is Not Assent: English High Court Sets Aside Arbitral Award for Lack of Substantive Jurisdiction

Practical Law Arbitration Blog

07 Aug 2020

Gemma Anderson and James Colautti authored an article for Thomson Reuters’ Practical Law Arbitration Blog covering the recent decision of MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG and others, in which the English High Court set aside an arbitral award issued by the London Maritime Arbitrators Association on the basis that the arbitral tribunal lacked substantive jurisdiction over the dispute.

“The case is a rare example of a successful challenge to an arbitral tribunal’s jurisdiction under section 67 of the Arbitration Act 1996,” the authors wrote. “The case emphasizes the fundamental requirement for parties to have consented to refer their disputes to arbitration and demonstrates the importance of paying close attention during contractual negotiations to ensure, when desired, that all parties to a business dealing are bound by an arbitration agreement.”

Read the full article.



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