Summary

On 10 February 2026, i.e. only 10 days before the date listed for the hearing of the Claimants' application, the RAE Parties issued an application for a discretionary case management stay of these proceedings (including the Claimants' application) in favour of an ICC arbitration (the "ICC Arbitration") which is pending between some of the parties to the present proceedings. The RAE Parties do not dispute that the court has jurisdiction to proceed with the present proceedings. In their evidence in support of the stay application, the RAE Parties propose that the stay application should be heard before the Claimants' summary judgment/strike-out application, though no formal application was made to adjourn the 20 February 2026 hearing. As of that date, the stay application had not been listed for hearing, and the exchange of evidence in relation to it was not yet complete as the Claimants had until 24 February 2026 to serve their evidence in answer to the stay application.

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