Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)

Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)

The Bin Kamils' application for an extension of time to challenge the award was refused because the delay was substantial, deliberate, and tactical, with no adequate explanation. Even if time were extended, the challenge would fail on the merits as there was no serious irregularity or excess of jurisdiction by the arbitrator. The order granting leave to enforce the award stands. The anti-suit injunction was granted to restrain the Bin Kamils from pursuing the Sharjah proceedings, as the seat of arbitration was London and the English court had supervisory jurisdiction.

Citation
[2012] EWHC 3283 (Comm)
Parties
Claimant in 2012 Folio 713; Defendant in 2012 Folio 1225: Terna Bahrain Holding Company WLL; Defendant in 2012 Folio 713; Claimant in 2012 Folio 1225: Ali Marzook Ali Bin Kamil Al Shamsi; Defendant in 2012 Folio 713; Claimant in 2012 Folio 1225: Mohamed Ali Marzouq Ali Bin Kamil Al Shamsi; Defendant in 2012 Folio 713; Claimant in 2012 Folio 1225: Marzouq Ali Marzouq Ali Bin Kamel Al Shamsi; Defendant in 2012 Folio 1225: Dr Nayla Comair-Obeid (The Arbitrator)
Jurisdiction
England and Wales
Judgment Date
22 November 2012
Procedural Posture
Commercial Court Arbitration Enforcement and Challenge / Judgment on Applications to Set Aside Enforcement, Extend Time for Challenge, and for Anti Suit Injunction
Outcome
Applications by the Bin Kamils refused; anti-suit injunction granted to Terna.
Legal Topics
Enforcement of Arbitral Awards, Extension of Time to Challenge Award, Serious Irregularity Under Arbitration Act 1996 S.68, Jurisdiction Challenge Under Arbitration Act 1996 S.67, Anti Suit Injunctions
Arbitration Commercial Law Enforcement of Arbitral Awards Extension of Time to Challenge Award Serious Irregularity Under Arbitration Act 1996 S.68 Jurisdiction Challenge Under Arbitration Act 1996 S.67 Anti Suit Injunctions

Case Brief

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Parties

Terna Bahrain Holding Company WLL

Claimant in 2012 Folio 713; Defendant in 2012 Folio 1225

Ali Marzook Ali Bin Kamil Al Shamsi

Defendant in 2012 Folio 713; Claimant in 2012 Folio 1225

Mohamed Ali Marzouq Ali Bin Kamil Al Shamsi

Defendant in 2012 Folio 713; Claimant in 2012 Folio 1225

Marzouq Ali Marzouq Ali Bin Kamel Al Shamsi

Defendant in 2012 Folio 713; Claimant in 2012 Folio 1225

Dr Nayla Comair-Obeid (The Arbitrator)

Defendant in 2012 Folio 1225

Procedural Posture

Commercial Court Arbitration Enforcement and Challenge / Judgment on Applications to Set Aside Enforcement, Extend Time for Challenge, and for Anti Suit Injunction

Legal Issues

  1. 1 Whether the Bin Kamils should be granted an extension of time to challenge the arbitration award under s.67 and s.68 of the Arbitration Act 1996
  2. 2 Whether there was a serious irregularity or excess of jurisdiction by the arbitrator justifying setting aside the award
  3. 3 Whether the order granting leave to enforce the award should be set aside

Ratio Decidendi

The Bin Kamils' application for an extension of time to challenge the award was refused because the delay was substantial, deliberate, and tactical, with no adequate explanation. Even if time were extended, the challenge would fail on the merits as there was no serious irregularity or excess of jurisdiction by the arbitrator. The order granting leave to enforce the award stands. The anti-suit injunction was granted to restrain the Bin Kamils from pursuing the Sharjah proceedings, as the seat of arbitration was London and the English court had supervisory jurisdiction.

Court Disposition

Applications by the Bin Kamils refused; anti-suit injunction granted to Terna.

Orders

  • Refusal of extension of time to challenge the award under s.67 and s.68 Arbitration Act 1996
  • Refusal to set aside the order granting leave to enforce the award