The judgment offers useful guidance on the scope of applications under s. 45 Arbitration Act 1996, a provision little used in practice.
The Republic of India, represented by PCB Byrne in respect of the s. 45 Application, is currently engaged in an investor-State arbitration (seated in London) against certain Mauritian companies governed by the 1976 UNCITRAL Rules. During the course of the arbitration, the Mauritian companies were placed into administration. There is a dispute as to who had (or has) authority to act on behalf of the Mauritian companies in the arbitration. In a procedural order the tribunal decided that the administrator did not have authority to represent the Mauritian companies in the arbitration (and the arbitration only).
