Enforcement of arbitration awards: discontinuation of proceedings

The question in Stati v The Republic of Kazakhstan [2018] EWCA Civ 1896 was whether the claimants’ withdrawal of an application for permission to enforce an award in England under the New York Convention 1958 could be challenged by the defendant.

The enforcement application required a trial on the question whether the award had been obtained by fraud, and the claimants decided that enforcement proceedings could be pursued in other jurisdictions without the need for the English action. The defendant wished the trial to go ahead so that findings of fact could be made, thereby potentially affecting the outcome of enforcement proceedings elsewhere.