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

The defendant submits that should the court not feel confident in resolving the authority dispute on the papers, then it should be resolved by the arbitrator. This is because there is a hearing on 18 December 2025 at which the arbitrator will be able to promptly determine the authority issue and hence her jurisdiction. The claimants oppose this course.

The arbitrator convened a case management conference on 11 September 2025 by MS Teams. In her subsequent Procedural Order No. 2, dated 26 September 2025, the arbitrator laid down a timetable for the filing of evidence and materials towards the 18 December hearing. At point 1 of the timetable in Annex A is a direction that by 24 October 2025:

“Parties to serve written

submissions on jurisdiction

and merits along with relevant

supporting documents and any

factual witness evidence and (if

permitted) expert evidence”

This deadline has passed by around a week as at the hearing before me. However, the arbitrator has asked to be informed about the decisions of this court today by 14 November 2025:

“Parties to notify the Tribunal

of the outcome of the High

Court hearing and file any

further limited submissions,

along with relevant supporting

documentation, relating to the

impact of the outcome of the

High Court hearing on these

Proceedings”

I emphasise that this court does not impinge on the arbitrator’s remit and does not make case management directions that should be the province of the arbitrator. I note that at para 32 of her order she records:

“The Claimant [Shein] has expressed the view that this proceeding should be determined following an oral hearing, to give the Tribunal the opportunity to test the submissions that have been made. The Tribunal agrees with that view and shall, in due course, issue further procedural directions dealing with the organisation of the hearing, after consulting with the Parties.”

She also states that:

“Tribunal to proceed to an Award:

February [2026] (award issuance - estimated)”

While the claimants urge the court to retain jurisdiction, plainly the most expeditious route in overriding objective terms for the dispute between the parties about Bill’s authority to be determined is by the arbitrator on 18 December 2025. It will be for the parties to choose what evidence they wish to file for the arbitrator.