Chechetkin v Payward Ltd & Ors

Chechetkin v Payward Ltd & Ors

The claimant is a consumer under section 15E of the Civil Jurisdiction and Judgments Act 1982, so the English court has jurisdiction over the claim. Section 101 of the Arbitration Act 1996 does not deprive the court of jurisdiction even where a New York Convention award has been made. The defendants' application to dismiss for lack of jurisdiction fails on both grounds.

Parties
Claimant: Chechetkin; Defendants: Payward Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
25 October 2022
Procedural Posture
Civil (commercial) / Ruling on Jurisdictional Application Under CPR Part 11
Outcome
Application dismissed
Legal Topics
Jurisdiction, Arbitration Clauses, Consumer Contracts, Recognition and Enforcement of Arbitral Awards, Financial Services and Markets Act 2000
Civil Procedure Arbitration Consumer Law Financial Regulation Jurisdiction Arbitration Clauses Consumer Contracts Recognition and Enforcement of Arbitral Awards +1 more

Case Brief

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Parties

Chechetkin

Claimant

Payward Ltd & Ors

Defendants

Procedural Posture

Civil (commercial) / Ruling on Jurisdictional Application Under CPR Part 11

Legal Issues

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

Ratio Decidendi

The claimant is a consumer under section 15E of the Civil Jurisdiction and Judgments Act 1982, so the English court has jurisdiction over the claim. Section 101 of the Arbitration Act 1996 does not deprive the court of jurisdiction even where a New York Convention award has been made. The defendants' application to dismiss for lack of jurisdiction fails on both grounds.

Court Disposition

Application dismissed

Orders

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