Y v S

Y v S

It was unnecessary and inappropriate to maintain paragraph 2 of the Flaux J Order (as varied) because the procedural regime under CPR 62.18 already provides adequate protection against premature enforcement, and there was no evidence of assets or enforcement steps in England. Leave to enforce the award is granted in the usual terms, with enforcement stayed pending final disposal of the s67 challenge, but not conditional on provision of security, as such a condition is not contemplated by CPR 62.18 or s66 of the 1996 Act.

Parties
Respondent/claimant: Y; Applicant/defendant: S
Jurisdiction
England and Wales
Judgment Date
13 March 2015
Procedural Posture
Arbitration Enforcement and Challenge / Ruling on Applications to Discharge Interim Order and for Leave to Enforce Arbitral Award
Outcome
Discharge application granted; s66 application granted in part; application for security refused
Legal Topics
Enforcement of Arbitral Awards, Case Management Orders, Security for Awards, Jurisdictional Challenges
Arbitration Civil Procedure Enforcement of Arbitral Awards Case Management Orders Security for Awards Jurisdictional Challenges

Case Brief

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Parties

Y

Respondent/claimant

S

Applicant/defendant

Procedural Posture

Arbitration Enforcement and Challenge / Ruling on Applications 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 leave under s66 of the Arbitration Act 1996 to enforce the LCIA award prior to determination of the s67 challenge
  3. 3 Whether enforcement should be conditional on provision of security

Ratio Decidendi

It was unnecessary and inappropriate to maintain paragraph 2 of the Flaux J Order (as varied) because the procedural regime under CPR 62.18 already provides adequate protection against premature enforcement, and there was no evidence of assets or enforcement steps in England. Leave to enforce the award is granted in the usual terms, with enforcement stayed pending final disposal of the s67 challenge, but not conditional on provision of security, as such a condition is not contemplated by CPR 62.18 or s66 of the 1996 Act.

Court Disposition

Discharge application granted; s66 application granted in part; application for security refused

Orders

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