Arbitration Law Monthly

In Eronat v CPNC International (Chad) Ltd and Another [2025] EWCA Civ 1054 the Court of Appeal has upheld the decision of Bryan J ([2025] 1 Lloyd's Rep 233) on the construction of a bespoke arbitration clause governing the right of appeal against an award. The questions included when time started to run for an appeal and whether time could be extended. The only reasoned judgment in the Court of Appeal was delivered by Males LJ.

The arguments presented in Tumpuan Megah Development Sdn Bhd v ING Bank NV and Another [2024] EWHC 2350 (Comm); [2025] 1 Lloyd's Rep 181 were somewhat unusual. The claimant asserted that its judicial claims against the defendants should not be stayed under section 9 of the Arbitration Act 1996 and referred to arbitration in Malaysia because an English arbitral award had determined that the Malaysian arbitration clause did not apply to the dispute.

The Court of Appeal in Infrastructure Services Luxembourg Sarl and Another v The Kingdom of Spain; Border Timbers Ltd and Another v Republic of Zimbabwe [2024] EWCA Civ 1257; [2025] 1 Lloyd's Rep 66 heard a combined appeal against the decisions of Fraser J and Dias J respectively. The cases both raised the question of the relationship between the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1965 (ICSID) and sovereign immunity under the State Immunity Act 1978.