PCL and Others v The Y Regional Government of X: ComC 23 Jan 2015

The Defendant, YRG applied to set aside without notice orders permitting the Claimants to serve an arbitration claim form and other documents on YRG at the address of their solicitors in the jurisdiction and setting down an expedited timetable for the determination of the arbitration claim, and abridging the time for filing an acknowledgment of service to 3 business days. YRG contended that the court had no power to make the Orders by reason of the mandatory provisions of s.12 of the 1978 Act. Further or alternatively, that the Orders should be set aside for failure to make full and fair disclosure. The application succeeded, and the orders were set aside.

Hamblen J
[2015] EWHC 68 (Comm)
State Immunity Act 1978 12

Jurisdiction, International, Arbitration

Updated: 27 December 2021; Ref: scu.542026