Arbitration Links - Linklaters
  • Topic: Costs
  • Jurisdiction: England & Wales

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

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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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Successful section 68 challenge where no opportunity to make submissions on costs

14 February 2018 Joanne Finnegan, England & Wales

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In Oldham v. QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm), the Commercial Court allowed a challenge to an arbitral award under section 68 of the Arbitration Act 1996 on grounds of serious irregularity where the applicant had not been given a reasonable opportunity to make submissions as to costs.

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