NWA v NVF [2021] EWHC 2666 (Comm): breach of an ADR condition precedent to arbitration does not affect an arbitral tribunal’s jurisdiction

In an important decision handed down on 8 October 2021, NWA v NVF [2021] EWHC 2666 (Comm), the Commercial Court (Calver J) has confirmed that the failure of a party to comply with a contractual term requiring mediation before a dispute is referred to arbitration is not a matter which affects the jurisdiction of an arbitral tribunal and, instead, is only relevant to the admissibility of the dispute.

Alexander Goold and Lara Kuehl appeared for the First and Second Claimants respectively.

The full article can be found here.