SEA2011 Inc v ICT Ltd

Arbitration – Jurisdiction. The Technology and Construction Court dismissed the claimant company's challenge to an arbitrator's jurisdiction, under s 67 of the Arbitration Act 1996. The jurisdictional challenged related to an arbitration which the defendant company had brought against the claimant, pursuant to an arbitration agreement in a sales agency agreement. The claimant submitted that the defendant was not a party to that agreement, because, at the relevant date, its registered name had been different and had only changed to its current name 12 months after the agreement had been entered, such that the arbitrator's jurisdiction, as defined by the notice of arbitration, had not extended to determining the disputes that the defendant had raised. The court, in rejecting that submission, held, among other things, that there had been a clear mistake which could be readily corrected, as a matter of construction, considering the meaning which the sales agency agreement would convey to a reasonable person having all the background knowledge.

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