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Jurisdiction challenges in LCIA and ICC arbitration proceedings dismissed (Dreymoor Fertilisers Overseas v Eurochem Trading)

Jurisdiction challenges in LCIA and ICC arbitration proceedings dismissed (Dreymoor Fertilisers Overseas v Eurochem Trading)
Published on: 25 April 2018
Published by: LexisPSL
  • Jurisdiction challenges in LCIA and ICC arbitration proceedings dismissed (Dreymoor Fertilisers Overseas v Eurochem Trading)
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Article summary

Arbitration analysis: Mr Justice Butcher in the Commercial Court has dismissed two substantive jurisdiction challenges by the claimant (Dreymoor) in respect of, first, a sole arbitrator’s partial final award on jurisdiction rendered in London Court of International Arbitration (LCIA) proceedings (made pursuant to section 67 of the Arbitration Act 1996 (AA 1996)), and, secondly, pending arbitration proceedings administered by the International Court of Arbitration of the International Chamber of Commerce (ICC) (made under AA 1996, ss 31 and 32, ie a pre-award challenge to the ICC tribunal’s jurisdiction). The court concluded that the tribunals in both the LCIA and ICC arbitrations properly had jurisdiction over the relevant claims. The case is of interest to arbitration practitioners as it illustrates the complexities of determining tribunal jurisdiction pursuant to arbitration agreements in multi-contract and multi-party arbitration proceedings. or take a trial to read the full analysis.

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