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ARTICLE · 04 SEPTEMBER 2024

Arbitration, Submitting To The Jurisdiction, And Summary Assessment Of Costs: Discouraging Unmeritorious Points

Gatehouse Chambers
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The London Circuit Commercial Court's judgment in *Kataman Metals LLC v TMT Metals (UK) Ltd* clarifies submission to jurisdiction in arbitration clauses and affirms the court's jurisdiction for summary cost assessments.

United KingdomLitigation, Mediation & Arbitration

In a hearing just before the Summer vacation, on 30 July 2024, the London Circuit Commercial Court gave a judgment indicating its approach to submission to the jurisdiction in the context of arbitration clauses, as well as useful guidance on the jurisdiction to order summary assessment of costs in the context of a prior consent order in Kataman Metals LLC v TMT Metals (UK) Ltd (unreported).

Ryan Hocking acted for the successful Claimant.

Background

On 2 May 2023, the Claimant ("Kataman") issued a claim for approximately USD $1 million, alleging that TMT Metals (UK) Ltd ("TMT") had breached two contracts under which it was obliged to purchase a significant quantity of metal. Both contracts contained arbitration clauses (albeit that the precise meaning and effect of those clauses was in issue).

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