Jurisdiction(s):
United Kingdom

Ravfox v Bexmoor: tribunal (not court) allocates costs after no-jurisdiction ruling; s63 inapplicable; 2025 Act clarifies (England and Wales)

Published on: 15 September 2025

Published by a LexisNexis Arbitration expert

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Article summary

Ravfox Ltd v Bexmoor Ltd [2025] EWHC 1313 (Ch)

What are the practical implications of this case?

This ruling is chiefly pertinent to arbitrations launched before 1 August 2025, when the Arbitration Act 2025 (‘the 2025 Act’) took effect. Section 6(3) introduces a new sub‑clause 61(1A) into the 1996 Act, expressly confirming that a tribunal may award costs even where it has determined it lacks substantive jurisdiction. Put differently, a finding of no substantive jurisdiction does not preclude a costs award. The judgment also makes plain that a successful party cannot pursue costs in court if they have not sought costs from the arbitral tribunal. It further offers reminders that parties must act swiftly and use the correct procedure, and that the scope for appeals can be constrained, even where an error of law is alleged.

even if a tribunal errs in law, an appeal may not be available; and
it is vital to act promptly and also follow the correct procedure.

What was the background?

The claimant was the head lessee of certain property. The defendant, as a sub‑lessee, disputed the amount of service charge it was paying...

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