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

English High Court rejects revived application to set aside order to enforce arbitral award

22 November 2018 Sadie Buls; Gráinne Hawkes, England & Wales; France

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In Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd [2018] EWHC 2713 (Comm) the English Commercial Court provided useful confirmation of the high bar to be met in an application to set aside enforcement of an international arbitration award where the award had already been unsuccessfully challenged at the seat of the arbitration.

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Company loses second attempt to enforce award against India

31 August 2018 Akshay Sewlikar, England & Wales; India

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In Hardy v Government of India and IIFC (UK) [2018] EWHC 1916 (Comm), the English Commercial Court discharged an interim third-party debt order awarded to support an oil and gas company’s UNCITRAL award against India. The Court refused to grant a final order because the debt was situated in India and Indian law would not recognise an English third-party debt order. Additionally, the jurisdictional requirement under CPR Rule 72.2 that the relevant debt must be “due or accruing due” was not met.

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English High Court considers meaning of giving “proper notice” of an arbitration

24 October 2017 Antonia Adebambo, England & Wales; Europe

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In Ekran OAO v Magneco Metrel UK Ltd [2017] EWHC 2208 (Comm), a respondent sought relief from the English Commercial Court in respect of the enforcement of an award. It argued that it had not received “proper notice of the arbitration” under the English Arbitration Act 1996 (the “Act”), as the documentation that it received was not in its home language. The Court decided that, on the facts, the respondent had nonetheless been given “proper notice”. 

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English court allows challenge to New York Convention award based on contravention of public policy arising from fraud

12 July 2017 Joanne Finnegan, England & Wales

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The High Court has allowed a claim that a New York Convention award was obtained by fraud to go to trial, even though it was upheld by the seat's courts.

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UK Supreme Court on security and challenging enforcement of arbitral awards

20 April 2017 Rebecca James, England & Wales; Europe

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The UK Supreme Court has recently overturned a ruling of the Court of Appeal which effectively required the Nigerian National Petroleum Corporation (“NNPC”) to provide security as a condition to challenging the enforcement of an award on public policy grounds pursuant to section 103(3) of the Arbitration Act 1996 (the “Arbitration Act).  This decision represents the latest development in a long-running legal saga involving protracted proceedings to challenge the award in Nigeria as well as enforcement proceedings in England.

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Micula brothers’ ICSID award stayed in the UK following the European Commission state aid decision

17 March 2017 Duncan Hedar, England & Wales; Europe

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Following an application by Romania and the European Commission (as intervener), the English High Court has stayed enforcement of an ICSID award in favour of Swedish business magnates the Micula brothers.  The case will be determined following the decision of the General Court of the European Union in connected proceedings brought by the Micula brothers to annul the Commission’s determination that the payment of the ICSID award by Romania would amount to illegal State aid.    The case raises important questions about the effectiveness of ICSID awards in circumstances where the awards clash with Member States’ obligations under EU law.

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