Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—witness statement
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  • Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—witness statement

Case study—challenging jurisdiction by non-participation (AA 1996, s 72)—witness statement

Claimant

[insert number of witness statement] witness statement of [Insert witness name]

Exhibits: [Insert exhibit reference]

Date on which the statement was made: [Insert date]

[Date of translation: [insert date]]

IN THE HIGH COURT

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

QUEEN’S BENCH DIVISION

COMMERCIAL COURT

CLAIM NO [Claim number]

BETWEEN:

  1. 1

    JFK Ltd

    Claimant/Respondent

and

  1. 2

    LHR Ltd

    Defendant/Claimant

Witness statement of John Smith

I, JOHN SMITH, OF LN LLP, 1 Lexis House, London, EC2X 1XX WILL SAY AS FOLLOWS

    1. 1

      I am a solicitor and a partner in the law firm LN LLP of 1 Lexis House, London EC2X 1XX.

    1. 2

      I am responsible for the day-to-day conduct of this matter on behalf of the Claimant. I am duly authorised to make this statement on the Claimant’s behalf.

    1. 3

      This witness statement is made in support of the Claimant’s application pursuant to section 72 of the Arbitration Act 1996 (the Act) for a declarations that (i) Mr Jones has no jurisdiction to hear or determine the disputes which have arisen, (ii) the Defendant's purported appointment of Mr Jones as a party-appointed arbitrator is invalid and of no effect and (iii) the English courts are the proper forum to determine the disputes which have arisen.

    1. 4

      Unless otherwise stated, the facts and matters set out in this statement are within my own knowledge and I believe them to be true. Where I refer to

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