DTEK Trading S.A. v Morozov & Anor [2017] EWHC 94 (Comm) (27 January 2017)

DTEK Trading S.A. v Morozov & Anor [2017] EWHC 94 (Comm) (27 January 2017)

Section 44 of the Arbitration Act 1996 does not empower the court to make orders against non-parties to the arbitration agreement, and CPR 62.5(1)(b) does not permit service out of the jurisdiction on such non-parties. The statutory language, context, and authorities support the conclusion that these provisions are confined to parties to the arbitration agreement.

Citation
[2017] EWHC 94 (Comm)
Parties
Claimant: DTEK Trading S.A.; Defendant: Mr Sergey Morozov; Defendant: Incolab Services Ukraine LLC
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Arbitration Claim (application for Permission to Serve Out of Jurisdiction) / Application for Permission to Serve Arbitration Claim Form Out of the Jurisdiction
Outcome
Application dismissed
Legal Topics
Section 44 Arbitration Act 1996, Service Out of Jurisdiction, Jurisdiction Over Non Parties, Preservation of Evidence, CPR 62.5
Arbitration Civil Procedure Section 44 Arbitration Act 1996 Service Out of Jurisdiction Jurisdiction Over Non Parties Preservation of Evidence CPR 62.5

Case Brief

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Parties

DTEK Trading S.A.

Claimant

Mr Sergey Morozov

Defendant

Incolab Services Ukraine LLC

Defendant

Procedural Posture

Arbitration Claim (application for Permission to Serve Out of Jurisdiction) / Application for Permission to Serve Arbitration Claim Form Out of the Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction under section 44 of the Arbitration Act 1996 to make orders against non-parties to the arbitration agreement
  2. 2 Whether permission can be granted to serve an arbitration claim form out of the jurisdiction on non-parties under CPR 62.5(1)(b)

Ratio Decidendi

Section 44 of the Arbitration Act 1996 does not empower the court to make orders against non-parties to the arbitration agreement, and CPR 62.5(1)(b) does not permit service out of the jurisdiction on such non-parties. The statutory language, context, and authorities support the conclusion that these provisions are confined to parties to the arbitration agreement.

Court Disposition

Application dismissed