Arbitration Links - Linklaters
  • Author: Mikhail Vishnyakov

English High Court considers the impact of third party funding in the context of a challenge to an Award

28 February 2018 Mikhail Vishnyakov, England & Wales


In Progas Energy Limited et al v the Islamic Republic of Pakistan [2018] EWHC 209 (Comm) the English High Court considered the conditions to be imposed on the Claimants who sought to challenge an award.

The Court ordered security for costs against the Claimants notwithstanding the fact that they had the support of a commercial third party funder. However, third party funding did not impact on the Court’s refusal to order, as a condition of the challenge, the security of sums due under the award being challenged.

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English Court examines approach to interpretation of foreign law

09 November 2017 Mikhail Vishnyakov, England & Wales


In The Kyrgyz Republic v (1) Stans Energy Corporation and (2) Kutisay Mining LLC [2017] EWHC 2539 (Comm) the English High Court rejected a challenge to an award based on a lack of jurisdiction on the part of the Tribunal. The challenge was brought under Section 67 of the Arbitration Act 1996, which applies to all London seated arbitrations. Although the claim concerned the investment protection legislation of Kyrgyzstan, and the application of Kyrgyz law, the Court’s ruling is instructive in the process that the English courts will follow in interpreting the meaning of foreign laws in general (including investment/investor protection legislation).

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