“…ed to be brought in breach of a binding agreement to refer disputes to arbitration: Ust-Kamenogorsk Hydropower Plant JSC v AES Kamenogorsk Hydropower Plant LLP [2013] 1 WLR 1889 (SC). ……”
“…nce to the negative obligation explained by the Supreme Court in AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC[2013] UKSC 35, [2013] 1 WLR 1889, their obligation was not to pursue their claims in any other forum (including the Spanish courts). A fortiori the Awards did not order the States to arbitrate…”
“…whom it has a personal jurisdiction [66], citing in support of this proposition AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC [2013] 1 WLR 1889. Where in such a case service out of the jurisdiction is required to establish personal jurisdiction, CPR 62.5(1)(c) provides the relevant gateway but the need…”