Global Aerospares Ltd v Airest AS [2023] EWHC 1430 (Comm) (13 June 2023)

Global Aerospares Ltd v Airest AS [2023] EWHC 1430 (Comm) (13 June 2023)

The request for arbitration was not validly served in accordance with the contract's mandatory notice provisions, so the process for appointment of an arbitrator had not begun and there was no failure of procedure; therefore, the court's powers under section 18 of the Arbitration Act 1996 were not engaged and the claim must be dismissed.

Citation
[2023] EWHC 1430 (Comm)
Parties
Claimant: Global Aerospares Limited; Defendant: Airest AS
Jurisdiction
England and Wales
Judgment Date
13 June 2023
Procedural Posture
Part 8 Claim (arbitration Act 1996 S.18 Application) / Judgment on Application to Set Aside Claim and Substantive Claim
Outcome
Application dismissed; claim dismissed.
Legal Topics
Appointment of Arbitrator, Service of Arbitration Notice, Jurisdiction Under Arbitration Act 1996 S.18
Arbitration Commercial Law Appointment of Arbitrator Service of Arbitration Notice Jurisdiction Under Arbitration Act 1996 S.18

Case Brief

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Parties

Global Aerospares Limited

Claimant

Airest AS

Defendant

Procedural Posture

Part 8 Claim (arbitration Act 1996 S.18 Application) / Judgment on Application to Set Aside Claim and Substantive Claim

Legal Issues

  1. 1 Whether the court has jurisdiction under section 18 of the Arbitration Act 1996 to appoint an arbitrator
  2. 2 Whether the request for arbitration was validly served under the contract
  3. 3 Whether the process for appointment of an arbitrator had failed

Ratio Decidendi

The request for arbitration was not validly served in accordance with the contract's mandatory notice provisions, so the process for appointment of an arbitrator had not begun and there was no failure of procedure; therefore, the court's powers under section 18 of the Arbitration Act 1996 were not engaged and the claim must be dismissed.

Court Disposition

Application dismissed; claim dismissed.

Orders

  • The Application is dismissed.
  • The Claim is dismissed.