[2025] EWCA Civ 998

UPON an award dated 18 May 2022 having been issued by the tribunal in an arbitration with PCA Case No. 2018-20 between the Defendants (as arbitration claimants) and Claimant (as arbitration respondent) (the “Award”)

AND UPON the Claimant having issued a claim pursuant to section 67 and section 68 of the Arbitration Act 1996 by arbitration claim form dated 15 June 2022 (the “Challenge”), as further particularised in Amended Particulars of Claim (“APoC”)

AND UPON the High Court having determined certain grounds of the Challenge in a judgment dated 8 March 2024 (the “March 2024 Judgment”) and an order dated 11 April 2024 (the “11 April Order”)

AND UPON the High Court determining that the Claimant could pursue the challenge set out at APoC paragraph 6 but only to the extent permitted by paragraph 1(d) of the 11 April Order (the “Diag SE June 2011 Objection”)

AND UPON paragraph 2(a) of the 11 April Order having held that the section 68 challenge at APoC paragraph 19(a) was upheld and having remitted determination of the issue set out there to the tribunal (the “Remittal Proceedings”)

AND UPON the High Court having granted permission to appeal (i) to the Defendants by paragraph 6(b) of the 11 April Order (the subject of “the First Appeal”) and (ii) to the Claimant by paragraph 6(a) of the 11 April Order (the subject of the “Second Appeal”)

AND UPON the Defendants having pursued the First Appeal by Appellant’s Notice dated 2 May 2024 (given appeal reference CA-2024-000986) and the Claimant having pursued the Second Appeal by Appellant’s Notice dated 2 May 2024 (given appeal reference CA-2024-000997)

AND UPON the 11 April Order further providing that all the remaining grounds of the Challenge (the “Remaining Grounds”) be determined at a second hearing (the “Second Hearing”)

AND UPON the High Court having determined the Remaining Grounds in a judgment dated 9 August 2024 (the “Second Judgment”) and an order dated 25 October 2024 (the “25 October 2024 Order”)

AND UPON the High Court by paragraph 2 of the 25 October 2024 Order having granted the Claimant permission to appeal the dismissal of the Diag SE June 2011 Objection (the “Third Appeal”)

AND UPON the Claimant having pursued the Third Appeal by Appellant’s Notice dated 22 November 2024 (given appeal reference CA-2024-002263)

AND UPON the hearing of the three appeals taking place between 3-7 February 2025 before Lord Justice Males, Lord Justice Popplewell and Lady Justice Andrews

AND UPON the Court having reserved judgment and handed down a written judgment on 7 May 2025 with neutral citation number [2025] EWCA Civ 588 (the “Judgment”)

AND UPON the parties having made submissions to the Court regarding the appropriate terms of an order consequential upon the Judgment

AND UPON the Court agreeing to the parties’ joint proposal that the deadline for the parties to apply for permission to appeal be extend until 14 days after receipt of a final Order from the Court

AND UPON hearing Counsel for the parties