Terna Bahrain Holding Company Wll v Al Shamsi & Ors

Terna Bahrain Holding Company Wll v Al Shamsi & Ors

The Bin Kamils' application for extension of time was refused due to substantial, deliberate, and tactical delay in challenging the award in England, contrary to the policy of finality in arbitration. Even if time were extended, the challenge under sections 67 and 68 would fail as the Bin Kamils had a fair opportunity to address the rescission claim and lost any right to object to jurisdiction by participating without objection. The anti-suit injunction was granted to restrain the Bin Kamils from continuing the Sharjah proceedings, as such pursuit breached the arbitration agreement and the supervisory jurisdiction of the English court.

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
Arbitration Enforcement and Challenge / Judgment on Applications to Set Aside Enforcement, Challenge Award, Extend Time, 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, Serious Irregularity (s.68 Arbitration Act 1996), Jurisdictional Challenge (s.67 Arbitration Act 1996), Anti Suit Injunctions, Finality of Arbitration, Breach of Arbitration Agreement
Arbitration Commercial Law Civil Procedure Enforcement of Arbitral Awards Extension of Time Serious Irregularity (s.68 Arbitration Act 1996) Jurisdictional Challenge (s.67 Arbitration Act 1996) Anti Suit Injunctions +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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

Arbitration Enforcement and Challenge / Judgment on Applications to Set Aside Enforcement, Challenge Award, Extend Time, 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 sections 67 and 68 of the Arbitration Act 1996
  2. 2 Whether there was a serious irregularity or lack of jurisdiction justifying setting aside the award
  3. 3 Whether the anti-suit injunction restraining proceedings in Sharjah should be granted

Ratio Decidendi

The Bin Kamils' application for extension of time was refused due to substantial, deliberate, and tactical delay in challenging the award in England, contrary to the policy of finality in arbitration. Even if time were extended, the challenge under sections 67 and 68 would fail as the Bin Kamils had a fair opportunity to address the rescission claim and lost any right to object to jurisdiction by participating without objection. The anti-suit injunction was granted to restrain the Bin Kamils from continuing the Sharjah proceedings, as such pursuit breached the arbitration agreement and the supervisory jurisdiction of the English court.

Court Disposition

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

Orders

  • Extension of time to challenge the award refused.
  • Application to set aside enforcement order refused.