Costs orders and the Arbitration Act 2025 – Law Society’s Gazette
‘In Ravfox Ltd v Bexmoor Ltd [2025] EWHC 1313 (Ch), HHJ Keyser KC (sitting as a judge of the High Court) considered the following two issues: if one party to a dispute makes a reference to arbitration under the Arbitration Act 1996 and the arbitrator accedes to the respondent’s challenge to his jurisdiction, does the arbitrator have the power to award the respondent its costs of the jurisdictional challenge? And whether, if the arbitrator does not have the power to make such an order (or does not exercise the power that he does have to make such an order), the court has the power to make such an order. Although these issues are not dealt with by the 1996 act, they have been addressed by the Law Commission’s Review of the 1996 act and section 6(3) of the Arbitration Act 2025.’
Law Society's Gazette, 1st August 2025
Source: www.lawgazette.co.uk