Chechetkin v Payward Ltd & Ors [2022] EWHC 3057 (Ch) (25 October 2022)

Chechetkin v Payward Ltd & Ors [2022] EWHC 3057 (Ch) (25 October 2022)

The claimant is a consumer under section 15E CJJA; the arbitration clause and award do not deprive the English court of jurisdiction; section 101 Arbitration Act does not remove jurisdiction; the application to dismiss for lack of jurisdiction fails.

Source-derived case information.

Citation
[2022] EWHC 3057 (Ch)
Parties
Claimant: Chechetkin; Defendants: Payward Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
25 October 2022
Procedural Posture
Jurisdiction Application Under Part 11 CPR / Judgment on Application
Outcome
Application dismissed
Legal Topics
Jurisdiction, Arbitration Clause, Consumer Contract, Enforcement of Arbitration Awards
Civil Procedure Arbitration Consumer Law Jurisdiction Arbitration Clause Consumer Contract Enforcement of Arbitration Awards

Source-derived case record

Summary, issues, holding and outcome

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Parties

Chechetkin

Claimant

Payward Ltd & Ors

Defendants

Procedural Posture

Jurisdiction Application Under Part 11 CPR / Judgment on Application

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claimant's claim in light of an arbitration clause and New York Convention award
  2. 2 Whether the claimant is a consumer under section 15E Civil Jurisdiction and Judgments Act 1982
  3. 3 Effect of section 101 Arbitration Act 1996 on court's jurisdiction

Ratio Decidendi

The claimant is a consumer under section 15E CJJA; the arbitration clause and award do not deprive the English court of jurisdiction; section 101 Arbitration Act does not remove jurisdiction; the application to dismiss for lack of jurisdiction fails.

Court Disposition

Application dismissed

Orders

  • Jurisdiction application dismissed
  • Relief from sanctions granted for late service of witness statement