X v Y & Anor

X v Y & Anor

It is just and convenient, on case management grounds, to order the determination of the suggested preliminary issues (save for issue 5.2), as they are suitable for early determination, may avoid the need for a lengthy and costly hearing of bribery and corruption allegations, and there is a real prospect that substantial expense will be saved.

Parties
Claimant/respondent: X; Defendant/applicant: Y; Defendant/applicant: Z
Jurisdiction
England and Wales
Judgment Date
23 February 2015
Procedural Posture
Arbitration Challenge / Case Management Application / Ruling on Application for Determination of Preliminary Issues
Outcome
Application for determination of preliminary issues allowed (save for issue 5.2)
Legal Topics
Jurisdictional Challenge Under Arbitration Act 1996 S.67, Serious Irregularity Under Arbitration Act 1996 S.68, Doctrine of Separability, Assignment of Contract, Public Policy and Enforcement of Contracts Procured by Bribery, Application of Foreign Law (iranian Law)
Arbitration Contract Law Private International Law Jurisdictional Challenge Under Arbitration Act 1996 S.67 Serious Irregularity Under Arbitration Act 1996 S.68 Doctrine of Separability Assignment of Contract Public Policy and Enforcement of Contracts Procured by Bribery +1 more

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Parties

X

Claimant/respondent

Y

Defendant/applicant

Z

Defendant/applicant

Procedural Posture

Arbitration Challenge / Case Management Application / Ruling on Application for Determination of Preliminary Issues

Legal Issues

  1. 1 Whether suggested preliminary issues are suitable for determination prior to full hearing of bribery and corruption allegations
  2. 2 Whether the doctrine of separability under English or Iranian law defeats the jurisdictional challenge based on bribery
  3. 3 Whether a contract procured by bribery is void or voidable under Iranian law

Ratio Decidendi

It is just and convenient, on case management grounds, to order the determination of the suggested preliminary issues (save for issue 5.2), as they are suitable for early determination, may avoid the need for a lengthy and costly hearing of bribery and corruption allegations, and there is a real prospect that substantial expense will be saved.

Court Disposition

Application for determination of preliminary issues allowed (save for issue 5.2)

Orders

  • Suggested preliminary issues (except issue 5.2) to be determined as preliminary issues before full hearing of bribery and corruption allegations.