Clifford Chance

Matters falling within scope of an arbitration agreement: Supreme Court provides guidance on section 9 of the Arbitration Act 1996

13 October 2023

The Supreme Court has handed down a key judgment in relation to the circumstances in which, pursuant to section 9 of the Arbitration Act 1996, a party can obtain a stay of proceedings in respect of a "matter" to be referred to arbitration under an arbitration agreement.

In Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and others [2023] UKSC 32, the Supreme Court ruled that the claims asserted by the Republic of Mozambique, including bribery, unlawful means conspiracy and dishonest assistance, were not "matters" falling within the scope of various arbitration agreements. This judgment provides clarity on the application of section 9, stating that the courts must adopt a pragmatic approach to interpreting the substance of claims being asserted and whether those claims fall within an arbitration agreement.

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