Arbitration Law Monthly

In Chubb Bermuda Insurance Ltd v Fertitta Entertainment Inc and Others [2026] EWHC 1392 (Comm) Bright J has confirmed that an anti-suit injunction will be granted as a matter of course where foreign proceedings are brought in contravention of a valid arbitration or exclusive jurisdiction clause, and that forum non conveniens is not a basis for refusing to give effect to the parties' agreement.

In African Distribution Company Sarl v Aastar Trading Pte Ltd [2025] EWHC 2428 (Comm); [2025] 2 Lloyd's Rep 443 the claimant sought to extend time for an appeal against an award on jurisdictional and procedural grounds, alleging that it had not received emails with the notice of arbitration and the tribunal's orders. The question was whether the 28 days permitted for an appeal under section 70(3) of the Arbitration Act 1996 should be extended by the court under section 80(5) of the 1996 Act.

In Ravfox Ltd v Bexmoor Ltd [2025] EWHC 1313 (Ch); [2025] Lloyd's Rep Plus 51 HHJ Keyser KC discussed the as yet unresolved question of whether a tribunal which rules that it has no jurisdiction over a dispute can go on to make a costs order. The court held that such a power exists under the Arbitration Act 1996, and that the express provision in the Arbitration Act 2025 specifying such a power will simply confirm rather than change the current law.