NWA and Another v NUF and Others: ComC 8 Oct 2021

Whether the failure of a party to comply with a term of an arbitration agreement that the parties should first seek to mediate a settlement of their dispute before referring the dispute to arbitration results in the arbitral tribunal not having jurisdiction to hear the dispute at all (so as to be susceptible to challenge under section 67 of the Arbitration Act 1996 (‘the Act’)) or concerns only a challenge to the admissibility of the dispute, on which the tribunal’s decision is final (and which does not fall within the scope of section 67 of the Act).

Mr Justice Calver
[2021] EWHC 2666 (Comm)
Bailii
England and Wales

Jury

Updated: 19 November 2021; Ref: scu.668655