TCC confirms test for appointment of an arbitrator pursuant to AA 1996, s18 (MAN Enterprise v Al-Waddan Hotel)

Article summary

Arbitration analysis: Mr Justice Ramsey’s judgment confirms the test that the court should apply when determining an application for the appointment of an arbitrator pursuant to section 18 of the Arbitration Act 1996 (AA 1996). The decision confirms that when determining such an application, the court is not concerned to resolve any of the underlying substantive arguments that might be made by the parties in the arbitration itself, as those are matters to be dealt with, if at all, by the arbitrators properly appointed pursuant to the terms of the arbitration agreement. As to the question of whether or not a valid arbitration agreement existed between the parties pursuant to which a tribunal could be appointed, an applicant needs to demonstrate that it has a ‘good arguable case’ that there was a valid arbitration agreement between the parties and also a good arguable case that it complied with any contractual preconditions to the commencement...