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Enforcement of awards: adjournment pending curial challenge
In National Joint Stock Company Naftogaz of Ukraine v
Public Joint Stock Company Gazprom [2019] EWHC 658 (Comm) Sir
Michael Burton discussed the principles underlying the operation of section
103(5) of the Arbitration Act, namely the power of the court to delay
enforcement of an award pending a challenge to the award in the curial courts.
The questions were: should enforcement be delayed; and, if so, should the award
debtor be ordered to provide security?
Online Published Date:
08 November 2019
Appeared in issue:
Vol 19 No 10 - 08 November 2019
Serious irregularity: arguments not presented by the parties
K v A [2019]
EWHC 1118 (Comm), a decision of Popplewell J, is one of the relatively few
cases in which an award has been remitted for serious irregularity under
section 68 of the Arbitration Act 1996. The issue here was reliance by the
tribunal on an argument not presented in the arbitration and therefore not
responded to by the complainant against the award.
Online Published Date:
08 November 2019
Appeared in issue:
Vol 19 No 10 - 08 November 2019
Discontinued appeals: allegations of bias
In Koshigi
Ltd and Another v Donna Union Foundation and Another [2019] EWHC 122 (Comm) Sir
William Blair considered the appropriate order for costs where appeals under
section 68 of the Arbitration Act 1996 for serious irregularity were
discontinued. The case also contains important comments on allegations of
arbitral bias.
Online Published Date:
08 November 2019
Appeared in issue:
Vol 19 No 10 - 08 November 2019
Jurisdiction: existence of a contracting party
The question in Ga-Hyun
Chung v Silver Dry Bulk Co Ltd [2019]
EWHC 1147 (Comm) was whether there could be a challenge to the substantive
jurisdiction of an arbitral tribunal under section 67 of the Arbitration Act
1996 where one of the parties to the arbitration agreement had ceased to exist
by the time the arbitration notice was served.
Online Published Date:
08 November 2019
Appeared in issue:
Vol 19 No 10 - 08 November 2019
Protecting the arbitration award: anti-enforcement injunctions
Subject to the restraints of EU law, the English
courts regularly grant anti-suit injunctions to restrain a party to an
arbitration clause from commencing judicial proceedings in a foreign court in
breach of the arbitration clause. The mere fact that proceedings have been
brought is sufficient to justify the grant of injunctive relief, without the
need to prove oppressive or unconscionable behaviour on the part of the
defendant.
Online Published Date:
08 November 2019
Appeared in issue:
Vol 19 No 10 - 08 November 2019
Stay of judicial proceedings: winding up
Where A and B have agreed to submit a dispute to arbitration, and B claims that A owes a debt and applies for a winding up order against A, the court must decide whether the arbitration clause or the winding-up order is to have primacy. It is apparent that the winding-up procedure, if allowed to prevail, could be a simple device to undermine the arbitration clause.
Online Published Date:
08 November 2019
Appeared in issue:
Vol 19 No 10 - 08 November 2019