Arbitration Law Monthly
Appointment of arbitrator: existence of arbitration agreement
In Bugsby Property LLC and Another v Omni Bridgeway (Fund 5) Cayman Investments Ltd [2025] Lloyd's Rep Plus 7 an application was made to Dame Clare Moulder, sitting as a High Court Judge, under section 18 of the Arbitration Act 1996 for the appointment of an arbitrator.
The application was refused: the court was not satisfied that the claimants had a good arguable case that there was a valid
arbitration clause in existence and, if there was such a clause, that it covered the dispute between the parties.