Alexander Brothers Ltd (Hong Kong SAR) v Alstom Transport SA & Anor

Alexander Brothers Ltd (Hong Kong SAR) v Alstom Transport SA & Anor

The bribery issue was not determined on the facts by the arbitral tribunal due to a higher Swiss law standard of proof, but Alstom could and should have raised it fully in arbitration; absent special circumstances, public policy and abuse of process principles bar re-litigation at enforcement. No issue estoppel arises from the Paris Cour d’Appel decision. Full and frank disclosure was substantially complied with.

Parties
Claimant: Alexander Brothers Limited; First Defendant: Alstom Transport SA; Second Defendant: Alstom Network UK Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Arbitration Enforcement Application / Ruling on Application to Set Aside Enforcement Order
Outcome
Application to set aside enforcement order dismissed
Legal Topics
Enforcement of Arbitral Awards, Bribery and Corruption, Issue Estoppel, Full and Frank Disclosure, Public Policy Exception, Henderson V Henderson Abuse of Process
Arbitration International Commercial Law Public Policy Enforcement of Arbitral Awards Bribery and Corruption Issue Estoppel Full and Frank Disclosure Public Policy Exception +1 more

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Parties

Alexander Brothers Limited

Claimant

Alstom Transport SA

First Defendant

Alstom Network UK Limited

Second Defendant

Procedural Posture

Arbitration Enforcement Application / Ruling on Application to Set Aside Enforcement Order

Legal Issues

  1. 1 Whether enforcement of the arbitral award should be refused on public policy grounds under section 103(3) Arbitration Act 1996 due to alleged bribery
  2. 2 Whether failure to make full and frank disclosure warrants setting aside the enforcement order
  3. 3 Whether issue estoppel arises from the Paris Cour d’Appel decision

Ratio Decidendi

The bribery issue was not determined on the facts by the arbitral tribunal due to a higher Swiss law standard of proof, but Alstom could and should have raised it fully in arbitration; absent special circumstances, public policy and abuse of process principles bar re-litigation at enforcement. No issue estoppel arises from the Paris Cour d’Appel decision. Full and frank disclosure was substantially complied with.

Court Disposition

Application to set aside enforcement order dismissed

Orders

  • Enforcement order stands
  • Application to set aside for breach of full and frank disclosure dismissed