Sodzawiczny v Smith (Re Arbitration Claim) (Rev2) [2024] EWHC 231 (Comm) (07 February 2024)

Sodzawiczny v Smith (Re Arbitration Claim) (Rev2) [2024] EWHC 231 (Comm) (07 February 2024)

The court held that enforcement of the arbitral awards and the application for an anti-arbitration injunction are not matters to be referred to arbitration under the relevant agreement, and thus are not subject to a stay under section 9 of the Arbitration Act 1996. The LCIA arbitration commenced by Dr Smith and Dr Cochrane was found to be a collateral attack on prior awards and judgments, vexatious and oppressive, and an abuse of process. The court granted a final anti-arbitration injunction restraining Dr Smith and Dr Cochrane from pursuing the LCIA arbitration. The stay application was refused.

Citation
[2024] EWHC 231 (Comm)
Parties
Claimant/respondent; Claimant/applicant: Franek Jan Sodzawiczny; Defendant/applicant; Defendant/respondent: Gerald Martin Smith; Defendant/respondent: Gail Alison Cochrane
Jurisdiction
England and Wales
Judgment Date
07 February 2024
Procedural Posture
Arbitration Claim and Applications for Anti Arbitration Injunction and Stay of Enforcement / Judgment on Applications for Anti Arbitration Injunction and Stay
Outcome
Anti-arbitration injunction granted; stay application refused
Legal Topics
Anti Arbitration Injunctions, Enforcement of Arbitral Awards, Section 9 Arbitration Act 1996 Stays, Res Judicata, Jurisdiction of Arbitral Tribunals
Arbitration Commercial Law Civil Procedure Anti Arbitration Injunctions Enforcement of Arbitral Awards Section 9 Arbitration Act 1996 Stays Res Judicata Jurisdiction of Arbitral Tribunals

Case Brief

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Parties

Franek Jan Sodzawiczny

Claimant/respondent; Claimant/applicant

Gerald Martin Smith

Defendant/applicant; Defendant/respondent

Gail Alison Cochrane

Defendant/respondent

Procedural Posture

Arbitration Claim and Applications for Anti Arbitration Injunction and Stay of Enforcement / Judgment on Applications for Anti Arbitration Injunction and Stay

Legal Issues

  1. 1 Whether the court should grant an anti-arbitration injunction (AAI) to restrain Dr Smith and Dr Cochrane from pursuing an LCIA arbitration against Mr Sodzawiczny
  2. 2 Whether enforcement of arbitral awards and the AAI application should be stayed under section 9 of the Arbitration Act 1996
  3. 3 Whether the matters raised in the LCIA arbitration are res judicata or amount to a collateral attack on prior awards and judgments

Ratio Decidendi

The court held that enforcement of the arbitral awards and the application for an anti-arbitration injunction are not matters to be referred to arbitration under the relevant agreement, and thus are not subject to a stay under section 9 of the Arbitration Act 1996. The LCIA arbitration commenced by Dr Smith and Dr Cochrane was found to be a collateral attack on prior awards and judgments, vexatious and oppressive, and an abuse of process. The court granted a final anti-arbitration injunction restraining Dr Smith and Dr Cochrane from pursuing the LCIA arbitration. The stay application was refused.

Court Disposition

Anti-arbitration injunction granted; stay application refused

Orders

  • Final anti-arbitration injunction restraining Dr Smith and Dr Cochrane from pursuing the LCIA arbitration against Mr Sodzawiczny
  • Refusal of Dr Smith's application to stay enforcement of the arbitral awards and the AAI application under section 9 of the Arbitration Act 1996