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Arbitration

Arbitrator - Appointment - Claimants applying to court for appointment of arbitrator - Whether arbitration agreement existing between parties - Whether appropriate test for claimants to prove good arguable case that arbitration agreement existing - Arbitration Act 1996, ss 18, 30 Crowther and another v Rayment and another [2015] EWHC 427 (Ch); [2015] WLR (D) 93

11 March 2015

Ch D: Andrew Smith J

• 25 February 2015

When deciding whether parties had entered into an arbitration agreement for the purposes of section 18 of the Arbitration Act 1996, the appropriate test was not for the court to ask whether there was a "good arguable case" that an arbitration agreement existed. Proper regard for the kompetenz-kompetenz principle required that the court refrain from anticipating a decision that might be made by the tribunal, unless the claimant's claim to be party to a relevant arbitration agreement could be rejected as having no real prospect of success or (which amounted to the same thing) would not raise a serious issue.

Andrew Smith J so held in a reserved judgment in the Chancery Division, when dismissing the claimants' application for an order under section 1...

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