Jurisdiction(s):
United Kingdom

English Commercial Court: Arbitration Act 1996 s 67 challenge succeeds; ICC award set aside for 'pick and mix' arbitration clause error; reservations preserve rights under s 73 (Tecnicas v PCMC)

Published on: 31 July 2025

Published by a LexisNexis Arbitration expert

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Article summary

Tecnicas Reunidas Saudia for Services & Contracting Co Ltd v Petroleum Chemicals and Mining Company Ltd [2025] EWHC 1785 (Comm) What are the practical implications of this case?

Five key points emerge from the judgment.

Parties must follow the arbitration machinery exactly as agreed. Institutional and ad hoc processes are not substitutes. Where several contractual instruments contain inconsistent clauses, the party commencing proceedings must locate the clause with priority and act in line with it. The court’s dismissal of the tribunal’s ‘pick and mix’ method confirms that the chosen arbitral framework is a fundamental element of the parties’ agreement.
A challenge under AA 1996, s 67 does not require the claimant to prove any prejudice. If the tribunal lacks jurisdiction, the award must be set aside.
The ruling also underlines how AA 1996, s 73 functions: once the tribunal has addressed a jurisdictional objection—whenever it was raised—the objector will rarely be treated as having waived its rights, provided the tribunal considered the point.
The judgment further stresses the need for consistency when advancing and preserving jurisdictional objections, from the outset through to any subsequent stages...

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