A & Anor v C & Ors (Rev 1)

A & Anor v C & Ors (Rev 1)

The court does not have jurisdiction under s.44 of the Arbitration Act 1996 to make an order against a non-party to the arbitration agreement, whether under s.44(2)(a) or otherwise, and this applies regardless of whether service out of the jurisdiction is required.

Parties
Claimant: A; Claimant: B; Defendant: C; Defendant: D; Defendant: E
Jurisdiction
England and Wales
Judgment Date
12 February 2020
Procedural Posture
Arbitration Claim / Application for Order Under S.44(2)(a) Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Jurisdiction Under Arbitration Act S.44, Orders Against Non Parties, Taking Evidence for Foreign Seated Arbitration
Arbitration Civil Procedure Jurisdiction Under Arbitration Act S.44 Orders Against Non Parties Taking Evidence for Foreign Seated Arbitration

Case Brief

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Parties

A

Claimant

B

Claimant

C

Defendant

D

Defendant

E

Defendant

Procedural Posture

Arbitration Claim / Application for Order Under S.44(2)(a) Arbitration Act 1996

Legal Issues

  1. 1 Does the court have jurisdiction under s.44(2)(a) of the Arbitration Act 1996 to make an order against a non-party to the arbitration agreement?
  2. 2 If so, should the court exercise its discretion to make such an order in this case?

Ratio Decidendi

The court does not have jurisdiction under s.44 of the Arbitration Act 1996 to make an order against a non-party to the arbitration agreement, whether under s.44(2)(a) or otherwise, and this applies regardless of whether service out of the jurisdiction is required.

Court Disposition

Application dismissed