Commercial Court resolves a dispute concerning the jurisdiction of a contractual referee.
David Allen KC and Jason Robinson represented the successful claimant in an urgent Part 8 claim concerning a dispute with the multinational oil and gas company, Shell, as to the jurisdiction of a contractually appointed referee, and the manner in which that referee was to be appointed and instructed by the parties.
The Commercial Court considered the relevant authorities on the jurisdiction of a contractually appointed referee and summarised the relevant principles arising from them at paragraph 34 of the judgment.
The Commercial Court went on to accept the claimant’s submission that it would not be appropriate for the Court to decide the scope of the referee’s jurisdiction before the referee reached his determination. The reasons for that finding are set out at paragraph 44 of the judgment.
David Allen KC and Jason Robinson were instructed by Bracewell (UK) LLP for the Claimant.
