KB-2025-001929 - [2025] EWHC 2966 (KB)

I am satisfied that the issue of Bill’s authority will be most expeditiously and appropriately determined by the sole arbitrator at her forthcoming hearing. I also have in mind the approach of the Court of Appeal in Fiona Trust. The court said at para 34 that there is a presumption that the arbitral tribunal should determine its own jurisdiction first if at all possible:

“ …it is contemplated by the Act that it will, in general, be right for the arbitrators to be the first tribunal to consider whether they have jurisdiction to determine the dispute.”

I cannot think that such a course prejudices the claimants. It is open to them to engage with the arbitral proceedings and file such evidence as they wish directed at the authority/jurisdiction issue. If they succeed before the arbitrator on the substantive jurisdiction question, then the path is clear for the claimants to apply to pursue their claims against the defendant in this court. I note that at para 26 of her order, the arbitrator states:

“Any person capable of testifying on the facts of the dispute, including Parties’ officers, employees and representatives, may submit a written witness statement and be called as a witness of fact.”