Jurisdiction: existence of arbitration clause

The issue in DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (The Newcastle Express) [2022] EWCA Civ 1555; [2023] 1 Lloyd's Rep 245 was whether a finding by an arbitrator that there was a binding charterparty containing an arbitration clause was capable of challenge on jurisdictional grounds. Jacobs J at first instance ([2022] 1 Lloyd's Rep 575) held that the charterparty and the arbitration clause were inseparable and that a jurisdictional challenge under section 67 of the Arbitration Act 1996 was available.

The Court of Appeal, in the only reasoned judgment of Males LJ with which Birss and Snowden LJJ agreed, upheld his judgment.