Overview

This Macfarlanes briefing considers a recent case in which the applicant sought to resist the enforcement of an arbitration award. The challenge was made on the basis that the tribunal did not have jurisdiction to make the award because there was no contract (and therefore no arbitration agreement).

However, the enforcing party successfully argued that it was the undisclosed principal of a third party, which had entered into a contract with the applicant, and was therefore entitled to intervene in that contract.

To read how the case unfolded and how it could impact further arbitration, click View Briefing.