ABC v DEF

ABC v DEF

The claimant is not and never has been a party to the contracts or arbitration agreements relied upon in the arbitral references. The only arbitration agreements invoked are those in the contracts between the defendant and the claimant’s subsidiaries, and the claimant is not a party to those contracts. The defendant’s new case of an implied contract and arbitration agreement is not pleaded in the arbitral references and cannot found jurisdiction in the current proceedings. Therefore, there is no valid arbitration agreement between the claimant and defendant in respect of the arbitral references, and the claimant is not liable to be a party to those arbitral proceedings.

Parties
Claimant: ABC; Defendant: DEF
Jurisdiction
England and Wales
Judgment Date
16 May 2025
Procedural Posture
Arbitration Claim Under S.72 Arbitration Act 1996 / Judgment on Application for Declaration of No Valid Arbitration Agreement and Summary Assessment of Costs
Outcome
Application granted. Declaration made that there is no valid arbitration agreement between claimant and defendant in respect of the relevant contracts. Costs awarded to claimant on the standard basis, to be summarily assessed. Permission to appeal refused.
Legal Topics
Arbitration Agreement Validity, Jurisdiction of Arbitral Tribunal, Implied Contracts, Corporate Personality, Costs Assessment
Arbitration Commercial Law Contract Law Arbitration Agreement Validity Jurisdiction of Arbitral Tribunal Implied Contracts Corporate Personality Costs Assessment

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Parties

ABC

Claimant

DEF

Defendant

Procedural Posture

Arbitration Claim Under S.72 Arbitration Act 1996 / Judgment on Application for Declaration of No Valid Arbitration Agreement and Summary Assessment of Costs

Legal Issues

  1. 1 Whether there is a valid arbitration agreement between the claimant and defendant under the relevant contracts
  2. 2 Whether the claimant is liable to be a party to arbitral proceedings under those contracts
  3. 3 Whether an implied contract and arbitration agreement exist between claimant and defendant

Ratio Decidendi

The claimant is not and never has been a party to the contracts or arbitration agreements relied upon in the arbitral references. The only arbitration agreements invoked are those in the contracts between the defendant and the claimant’s subsidiaries, and the claimant is not a party to those contracts. The defendant’s new case of an implied contract and arbitration agreement is not pleaded in the arbitral references and cannot found jurisdiction in the current proceedings. Therefore, there is no valid arbitration agreement between the claimant and defendant in respect of the arbitral references, and the claimant is not liable to be a party to those arbitral proceedings.

Court Disposition

Application granted. Declaration made that there is no valid arbitration agreement between claimant and defendant in respect of the relevant contracts. Costs awarded to claimant on the standard basis, to be summarily assessed. Permission to appeal refused.

Orders

  • Declaration that there is no valid arbitration agreement between claimant and defendant in the contracts between defendant and claimant’s subsidiaries
  • Claimant not liable to be a party to arbitral proceedings in relation to disputes concerning those contracts