UK sanctions: prohibition on the maritime transportation of crude and petroleum oil and products
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Commodities in Focus weekly – Jurisdictional arguments must be right first time
Court blocks attempt to switch case in s.72 challenge: ABC v DEF [2025] EWHC 711 (Comm)
A recent judgment from the High Court provides a stark reminder for parties contemplating arbitration: the basis for an arbitral tribunal's jurisdiction must be correctly and fully formulated in the initial Request for Arbitration ("RFA").
In ABC v DEF [2025] EWHC 711 (Comm), the Court granted a declaration under section 72 of the Arbitration Act 1996 ("AA 1996"), finding that a claimant could not be joined to an arbitration based on agreements to which it was not a party. Critically, the Court held that a defendant cannot defend a jurisdictional challenge in court by relying on a completely new basis for jurisdiction that was not mentioned in the original RFA.
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