X v Y and another

Practice – Preliminary point of law. An arbitral tribunal had found in favour of the defendants that the claimant had breached its obligation to deliver goods, under the terms of a contract, which was governed by the Laws of the Islamic Republic of Iran, with the seat of the arbitration in London. The claimant challenged the award on the grounds of jurisdiction and serious irregularity. The defendants applied for certain matters to be determined as preliminary issues. The Commercial Court held that it was just and convenient, on case management grounds, to order a trial of the suggested preliminary issues, save for one issue, which had to go to trial.

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