CA-2024-002080 - [2025] EWCA Civ 905

The issue on this appeal is whether an arbitral tribunal had substantive jurisdiction to determine whether a claim by an investor fell within the scope of the protections afforded to investors under a free trade agreement between States (including the right to bring claims by way of arbitration), or whether the jurisdiction of the tribunal is amenable to challenge under section 67 of the Arbitration Act 1996 (“the 1996 Act”) on the grounds that, contrary to the tribunal’s determination, the subject matter fell outside that scope.