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

The judgment rules on a series of applications and cross-applications between three companies that had contractual relationships with one another in differing and disputed ways. However, the depth of the conflict between them means that it is disputed whether the contracts put before the court and relied on by the defendant even exist and instead have been fabricated. One of the sharpest disputes between the parties is whether a valid arbitration agreement exists conferring dispute resolution on the International Chamber of Commerce (“ICC”) and in consequence whether a stay should be granted under section 9 of the Arbitration Act 1996 (“the Act”) to proceedings filed in this court.

I will use the nomenclature adopted by the parties in the hearing before me. The first claimant is Orange Transgroup Ltd (“Orange”). Orange provides customs clearance, warehousing and forwarding services for retailers importing goods into the United Kingdom. I observe immediately that the formulation “Ltd” is how the company has styled itself on the particulars of claim, the argued significance of this abbreviation will become apparent. Orange is an LLP designated member of IT Way (“IT Way”), the second claimant. IT Way has the same registered office as Orange in London. IT Way performs customs clearance on behalf of Orange.

The claimants represent themselves. Mr Liaqat who, is connected to both companies, presented the case on behalf of the claimants without objection from the defendant. During the course of the litigation to this point, Mr William Du who is a director of Orange has filed a number of documents and submissions. Mr Du attended with Mr Liaqat, occasionally making suggestions to him.

The defendant is Shein Distribution UK Limited (“Shein”). The Shein group, founded in China, is more generally internationally known as a lifestyle brand and e-retailer, particularly in the fast fashion space. The defendant is represented by Ms Campbell of counsel.

Despite the intensity of the acrimony between the parties everyone conducted themselves before me with probity and respect, and the court is grateful to all of them for their assistance.