Jurisdictional challenge to arbitral award on the basis of award creditor’s corporate restructuring (Energyen v HHI and KSOE)

The Commercial Court rejected this jurisdictional challenge under s67 of the Arbitration Act 1996 arising from a Korean corporate restructuring of an original counterparty to the supply contract containing the arbitration agreement. This is an important reminder to review the potential impact of any corporate succession on arbitral proceedings and the need to consider any requirement for notice of transfer of rights to claim. 

In an article first published by LexisNexis, Rebecca Warder explores the practical implications of the case, the background, court decison and case details. 

The full Lexis Nexis article (subscription only).