Source: All England Reporter
Publisher Citation: [2006] All ER (D) 12 (Apr)
Neutral Citation: [2006] EWHC 448 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

David Steel J

Representation Ali Malek QC and Matthew Parker (instructed by Richards Butler) for the claimant.
  Hugo Page QC (instructed by Penningtons) for the defendant.
Judgment Dates: 3 April 2006

Catchwords

Arbitration - Arbitrator - Jurisdiction - Dispute over rolled steel contracts - Whether claimant party to contracts - Whether finding of French courts that claimant entitled to sovereign immunity binding.

The Case

The arbitral tribunal had lacked substantive jurisdiction to hear the claim against the Republic of Kazakhstan arising out of rolled steel contracts, on the grounds (i) the Republic was not a party to the contracts; (ii) a previous hearing in France had determined that the Republic was not a party to an arbitration agreement and was entitled to claim sovereign immunity.

Practice Areas

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