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Arbitration highlights: AA 1996 s 9 stays; international set-aside and interim relief rulings; EU State aid decision; res judicata; institutional updates from SCC, KCAB 2026, Baku Centre and HKIAC

Published on: 20 November 2025

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Arbitration in England & Wales

Stay of proceedings under AA 1996, s 9 where existence of arbitration agreement is disputed

The King’s Bench Division dismissed three applications by the claimants (Orange Transgroup Ltd and IT Way) while granting interim stays in favour of the defendant, Shein Distribution UK Limited. The principal issues were whether the defendant had submitted to the High Court’s jurisdiction by not filing a Part 11 application, whether an arbitration agreement existed between Orange and Shein, and which tribunal should decide that issue. The court held a Part 11 application was unnecessary, as the defendant had duly applied for a stay under section 9 of the Arbitration Act 1996 following CPR Part 62. It further determined that the question of Bill’s authority—said to represent Orange—to conclude a Service Agreement containing an arbitration clause should be decided by an arbitrator, given the court’s evidential record was incomplete...

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