Summary

1. This is an appeal by the National Iranian Oil Company ("NIOC") against the summary dismissal of its application to set aside an arbitration award under section 67 of the Arbitration Act 1996 on the ground that the award was made without jurisdiction. The judge, Mr Justice Butcher, held that NIOC's section 67 application had no realistic prospect of success, but granted permission to appeal to this court.

2. The respondents, referred to together as "Crescent" except where it is necessary to distinguish between them, are Crescent Petroleum Company International Ltd ("CPCIL") and Crescent Gas Corporation Ltd ("CGC"). In addition to resisting the appeal, they seek permission to cross-appeal on the ground that, pursuant to section 73 of the Act, NIOC had lost the right to object that the arbitral tribunal did not have jurisdiction. The judge held by way of preliminary issue that NIOC had made its objection to the arbitrators' jurisdiction in the arbitration and therefore had not lost its right to challenge the award under section 67, albeit that he went on to dismiss that challenge on its merits. He was not asked to, and did not, grant permission to appeal on the section 73 point.