NWA AND ANOTHER v NVF AND OTHERS

[2021] EWHC 2666 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Calver, 8 October 2021

Arbitration – Jurisdiction – Tiered arbitration clause – Challenge to decision of arbitrator – Whether jurisdiction or admissibility – Arbitration Act 1996, sections 30, 67 and 82

In June 2007 the parties entered into an Agreement containing a dispute resolution clause which provided for LCIA arbitration but to be preceded by mediation for up to 30 days. In April 2019 NVF served a Request for Arbitration coupled with an invitation to mediate. NWA failed to respond and after other attempts to commence mediation NVF secured the appointment of a sole arbitrator. On 7 September 2020 the arbitrator delivered a partial award on jurisdiction, holding that the dispute resolution clause was too uncertain to make LCIA mediation a condition precedent to the commencement of arbitration and even if that was wrong then there was arguably no breach of the dispute resolution clause.