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England and Wales decisions
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Section 67 challenge dismissed after the court found a purported LTI agreement was not executed in October 2015 and was likely backdated, so the tribunal lacked jurisdiction.
Kanametova v OSG Records Management (Europe) Ltd [2026] EWHC 1196 (Comm) (20 May 2026)
The High Court dismissed a section 67 challenge, holding the claimant had not proved an LTI agreement was executed in 2015 and that no valid arbitration agreement bound OSG.
The arbitration agreement in Clause 11.1 of the Purchase Order provided for ad hoc arbitration in London under English law, not ICC arbitration. The Purchase Order, being highest in the order of precedence, prevails over inconsistent terms in the Deviation List and GTCCS. The tribunal had no jurisdiction to conduct ICC arbitration. Relief from sanctions for late acknowledgment of service was refused due to serious breach and lack of good reason.
Source excerpt
The arbitration agreement in the Settlement Agreement was intended to cover all disputes arising under or as a result of breach of that agreement, including remedies such as declarations and damages. There was no clear language excluding remedial issues from the arbitrator's jurisdiction. The disputed claims were for breach of the Settlement Agreement, not under the JOAs or GSPA, and the arbitrator had jurisdiction to grant the challenged relief. The anti-suit injunction was appropriate to restrain proceedings in Pakistan courts in breach of the arbitration agreement.
Source excerpt
Petroleum Exploration (PVT) Ltd v Frontier Holdings Ltd & Anor (Re an ICC Arbitration) [2026] EWHC 56 (Comm) (20 January 2026)
The High Court dismissed a s.67 challenge to an ICC arbitral award, holding the settlement agreement’s arbitration clause covered the disputed declarations and damages.
A1 & Ors v P [2025] EWHC 3372 (Comm) (19 December 2025)
Section 67 arbitration challenge decided that A1 and A3 were not bound by the engagement, while A2’s jurisdiction objection was barred by section 73.
The High Court refused to extend time for ADC’s s.67 and s.68 arbitration challenge, finding its non-service case only arguable, while leaving a s.72(1) point open.
A&N Seaways and Projects PVT Ltd v Allianz Bulk Carriers DMCC [2025] EWHC 2126 (Comm) (13 August 2025)
The court refused late amendment to plead fraud in a section 72 arbitration challenge, held the claimant had taken part in the arbitration, and struck out the claim.
Tecnicas Reunidas Saudia for Services & Contracting Co Ltd v Petroleum Chemicals And Mining Company Ltd [2025] EWHC 1785 (Comm) (14 July 2025)
The High Court refused relief from sanctions, allowed a section 67 challenge, and held the tribunal lacked jurisdiction because the contract provided for ad hoc London arbitration, not ICC arbitration.
Energyen Corporation v HD Hyundai Heavy Industries Co Ltd & Anor (Re Arbitration Act 1969) [2025] EWHC 1586 (Comm) (26 June 2025)
The Commercial Court dismissed Energyen's challenges to an ICC award, holding that a Korean spin-off transferred the contract and arbitration rights to the successor company.
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