Y v S [2015] EWHC 612 (Comm) (13 March 2015)

Y v S [2015] EWHC 612 (Comm) (13 March 2015)

The original and varied interim orders restraining enforcement were unnecessary and inappropriate because the statutory and procedural regime (CPR 62.18) already provides mandatory and automatic protection against premature enforcement pending a challenge. Leave to enforce the award is granted, but enforcement within the jurisdiction is stayed pending final disposal of the s67 challenge. No order for security is made as a condition of the stay.

Citation
[2015] EWHC 612 (Comm)
Parties
Claimant/respondent: Y; Defendant/applicant: S
Jurisdiction
England and Wales
Judgment Date
13 March 2015
Procedural Posture
Commercial Court Arbitration Claim / Application to Discharge Interim Order and for Leave to Enforce Arbitral Award
Outcome
Discharge application granted; s66 application granted in part; no order for security; parties to agree draft order.
Legal Topics
Enforcement of Arbitral Awards, Jurisdictional Challenge Under Arbitration Act 1996 S67, Case Management Orders, Security for Enforcement, Interpretation of CPR 62.18
Arbitration Commercial Law Enforcement of Arbitral Awards Jurisdictional Challenge Under Arbitration Act 1996 S67 Case Management Orders Security for Enforcement Interpretation of CPR 62.18

Case Brief

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Parties

Y

Claimant/respondent

S

Defendant/applicant

Procedural Posture

Commercial Court Arbitration Claim / Application to Discharge Interim Order and for Leave to Enforce Arbitral Award

Legal Issues

  1. 1 Whether paragraph 2 of the Flaux J Order (as varied) should be discharged
  2. 2 Whether the court should grant final leave to enforce the LCIA award under s66 Arbitration Act 1996 before determination of s67 challenge
  3. 3 Whether enforcement should be conditional on provision of security by the respondent

Ratio Decidendi

The original and varied interim orders restraining enforcement were unnecessary and inappropriate because the statutory and procedural regime (CPR 62.18) already provides mandatory and automatic protection against premature enforcement pending a challenge. Leave to enforce the award is granted, but enforcement within the jurisdiction is stayed pending final disposal of the s67 challenge. No order for security is made as a condition of the stay.

Court Disposition

Discharge application granted; s66 application granted in part; no order for security; parties to agree draft order.

Orders

  • Paragraph 2 of the Flaux J Order (as varied) is discharged.
  • Leave granted to S to enter judgment in terms of the Award under s66(2) Arbitration Act 1996.