DTEK Trading S.A. v Morozov and another

Practice – Pre-trial or post-judgment relief. The Commercial Court dismissed the claimant's application to serve an arbitration claim form on the defendants, who were not parties to the arbitration, outside of the jurisdiction. The court held that, applying settled principles, s 44 of the Arbitration Act 1996 did not permit the court to make orders against a non-party to the arbitration agreement and, hence, permission to serve out could not be given against the defendant third partes under CPR 62(1)(b).

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