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Court upholds party substitution in ICC arbitral award (A v B)

Court upholds party substitution in ICC arbitral award (A v B)
Published on: 28 November 2016
Published by: LexisPSL
  • Court upholds party substitution in ICC arbitral award (A v B)
  • Original news
  • What are the key implications of this judgment?
  • What was the background to the challenge?
  • On what grounds was the award challenged?
  • What was the effect of the scheme of amalgamation and associated court orders?
  • How did the court approach the question of substitution or joinder under the ICC Rules?
  • The loss of the right to object—AA 1996, s 73
  • What did the court conclude in respect of the AA 1996 challenges?
  • Case details

Article summary

Arbitration analysis: Sir Jeremy Cooke in the Commercial Court has dismissed an application to set aside a partial award made by a International Court of Arbitration of the International Chamber of Commerce (ICC) tribunal. The application was made under sections 67 and 68 of the Arbitration Act 1996 (AA 1996) and concerned, in summary, the tribunal’s decision to permit the substitution of a party as claimant in the arbitration following the amalgamation of corporate entities under Indian law. or take a trial to read the full analysis.

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