ENGLISH HIGH COURT CONSIDERS RARE APPLICATION UNDER S32 ARBITRATION ACT 1996 TO DETERMINE PRELIMINARY POINT OF JURISDICTION

In the recent decision in Armada Ship Management (S) Pte Ltd v Schiste Oil and Gas Nigeria Ltd [2021] EWHC 1094 (Comm) the English High Court (the “Court“) considered a rare application under s32 Arbitration Act 1996 (the “Act“) to determine a preliminary point of jurisdiction in circumstances where the arbitration clause was unclear on how the sole arbitrator was to be appointed. Although the Court rejected the application, the decision provides a rare glimpse of judicial treatment of applications under s32, including the circumstances where an application would be likely to succeed.

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