ENGLISH COURT OF APPEAL DETERMINES CLAIMS AGAINST INDIVIDUALS FALL OUTSIDE AN ARBITRATION CLAUSE IN A SHARE PURCHASE AGREEMENT

In the recent case of Manek and others v IIFL Wealth (UK) Ltd and others [2021] EWCA Civ 625 (available here) the English Court of Appeal rejected a challenge to the jurisdiction of the English Commercial Court made on the basis that (amongst other issues) the claims fell within an arbitration clause. The Court of Appeal decided that the relevant claims in deceit against individual majority shareholders did not in fact fall within the arbitration clause and could properly be heard by the English Commercial Court.

Continue reading