A v B

A v B

The request for arbitration was invalid as it purported to refer disputes under two separate contracts and arbitration agreements in a single request, contrary to the LCIA Rules. The claimant did not lose the right to object to the tribunal's jurisdiction, as the objection was raised not later than the time for the Statement of Defence, in accordance with section 31(1) of the Arbitration Act 1996.

Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Arbitration Claim / Judgment on Application Under Section 67 of the Arbitration Act 1996
Outcome
Claim allowed
Legal Topics
Commencement of Arbitration, Jurisdictional Objections, Interpretation of Arbitration Rules
Arbitration Commercial Law Commencement of Arbitration Jurisdictional Objections Interpretation of Arbitration Rules

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Parties

A

Claimant

B

Defendant

Procedural Posture

Arbitration Claim / Judgment on Application Under Section 67 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether a single request for LCIA arbitration referring disputes under two separate contracts is valid
  2. 2 Whether the respondent lost the right to object to such invalidity by delay

Ratio Decidendi

The request for arbitration was invalid as it purported to refer disputes under two separate contracts and arbitration agreements in a single request, contrary to the LCIA Rules. The claimant did not lose the right to object to the tribunal's jurisdiction, as the objection was raised not later than the time for the Statement of Defence, in accordance with section 31(1) of the Arbitration Act 1996.

Court Disposition

Claim allowed

Orders

  • The tribunal's award is set aside for lack of jurisdiction.