Arbitration
Ropa v Kharis Solutions Ltd [2026] EWHC 259 (Comm)
The King’s Bench Division granted the claimant’s application under the Arbitration Act 1996 (AA 1996) for an order requiring the defendant to submit a dispute to arbitration and for the appointment of an arbitrator. The parties entered into two joint venture agreements dated 17 October 2017 and 1 January 2018 containing dispute resolution clauses. The key issues were: (1) whether the Part 8 claim form was valid despite procedural defects; (2) whether the notice to arbitrate was validly served; (3) whether the agreements contained a compulsory arbitration clause; and (4) whether the notice to arbitrate was valid and effective. The court found that, applying the overriding objective and CPR 3.10, while the claim form contained serious procedural errors (failing to specify the enactment and section of AA 1996 relied upon), it would not be in the interests of justice to dismiss the claim at final hearing due to these defects. The notice to arbitrate was validly served by recorded delivery. On construction, clauses 54-56 of the agreements, though badly drafted, created
