A v B: ComC 28 Jul 2006

Application for stay of arbitration.
Colman J explored the correct approach where matters are raised under s9(4): ‘Where the court takes the course of deciding the matter [under s9(4)], the Court of Appeal, again in the Al-Naimi case, indicated that the court should direct a trial where there are triable issues on the facts material to the jurisdiction question on which there were requests for cross-examination. However this principle may give way to the agreement of the parties that the matter should be decided on witness statements alone.’


Colman J


[2006] EWHC 2006 (Comm), [2007] 1 All ER (Comm) 591, [2007] 1 Lloyd’s Rep 237, [2006] ArbLR 1, [2007] 2 CLC 157, [2007] 1 Lloyds Rep 237




Arbitration Act 1996 9(4)


England and Wales

Cited by:

CitedSoleymani v Nifty Gateway Llc ComC 24-Mar-2022
Arbitration jurisdiction applications stayed
The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled ‘Abundance’. The court was . .
Lists of cited by and citing cases may be incomplete.


Updated: 03 April 2022; Ref: scu.248822