Bitumex (HK) Company Ltd v IRPC Public Company Ltd [2012] EWHC 1065 (Comm) (02 May 2012)

Bitumex (HK) Company Ltd v IRPC Public Company Ltd [2012] EWHC 1065 (Comm) (02 May 2012)

Retrospective service is permitted in this case due to the arbitration context, absence of bilateral service conventions, and the Defendant's breach of the arbitration agreement, which together constitute exceptional circumstances under CPR 6.15.

Citation
[2012] EWHC 1065 (Comm)
Parties
Claimant: Claimant; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
02 May 2012
Procedural Posture
Arbitration Claim / Application for Retrospective Service and Appointment of Arbitrator
Outcome
Claimant's application for retrospective service succeeds, subject to conditions.
Legal Topics
Service of Process, Retrospective Service, Appointment of Arbitrator, International Arbitration
Arbitration Civil Procedure Service of Process Retrospective Service Appointment of Arbitrator International Arbitration

Case Brief

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Arbitration Claim / Application for Retrospective Service and Appointment of Arbitrator

Legal Issues

  1. 1 Whether retrospective service of an Arbitration Claim Form in Thailand should be permitted under CPR 6.15
  2. 2 Whether the arbitration context constitutes exceptional circumstances justifying retrospective service
  3. 3 Whether the method of service used was valid under Thai law

Ratio Decidendi

Retrospective service is permitted in this case due to the arbitration context, absence of bilateral service conventions, and the Defendant's breach of the arbitration agreement, which together constitute exceptional circumstances under CPR 6.15.

Court Disposition

Claimant's application for retrospective service succeeds, subject to conditions.

Orders

  • Retrospective service of the Arbitration Claim Form is permitted under CPR 6.15, subject to the Claimant providing details of its claim to the Defendant by a forthcoming date.
  • Costs of the application may be costs of the arbitration or no costs; to be determined after further argument.