UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017] EWHC 2473 (Comm) (06 October 2017)

UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017] EWHC 2473 (Comm) (06 October 2017)

Permission to appeal is refused as there is no real prospect of success or compelling reason; the section 68 challenge was bold and optimistic given the limited reach of section 68 and the tribunal's findings were supported by substantial reasoning. An interim payment on account of costs is ordered in a reduced amount due to insufficient explanation for the full increase in costs. The arbitral award is in the public domain due to the public hearing, but the court exercises its inherent jurisdiction to restrict its use pending further application, upholding the spirit of confidentiality and the parties' agreement.

Citation
[2017] EWHC 2473 (Comm)
Parties
Claimant/arbitration Respondent: UMS Holding Limited; Claimant/arbitration Respondent: Energy Standard Fund Limited; Claimant/arbitration Respondent: Energy Standard Industries Limited; Defendant/arbitration Claimant: Great Station Properties S.A.; Defendant/arbitration Claimant: Inter Growth Investments Limited; Respondent/arbitration Respondent: Stremvol Holdings Limited
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Commercial Court Section 68 Arbitration Act Challenge / Post Judgment Ancillary Applications: Permission to Appeal, Interim Costs, Confidentiality Order
Outcome
Permission to appeal refused; interim payments on account of costs ordered; confidentiality order regarding use of the award granted.
Legal Topics
Section 68 Arbitration Act 1996, Permission to Appeal, Interim Payment of Costs, Confidentiality of Arbitral Awards
Arbitration Commercial Law Section 68 Arbitration Act 1996 Permission to Appeal Interim Payment of Costs Confidentiality of Arbitral Awards

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 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

UMS Holding Limited

Claimant/arbitration Respondent

Energy Standard Fund Limited

Claimant/arbitration Respondent

Energy Standard Industries Limited

Claimant/arbitration Respondent

Great Station Properties S.A.

Defendant/arbitration Claimant

Inter Growth Investments Limited

Defendant/arbitration Claimant

Stremvol Holdings Limited

Respondent/arbitration Respondent

Procedural Posture

Commercial Court Section 68 Arbitration Act Challenge / Post Judgment Ancillary Applications: Permission to Appeal, Interim Costs, Confidentiality Order

Legal Issues

  1. 1 Whether permission to appeal should be granted on a section 68 challenge to an arbitration award
  2. 2 Whether an interim payment on account of costs should be ordered and in what amount
  3. 3 Whether the arbitral award remains confidential after being referred to in open court and judgment

Ratio Decidendi

Permission to appeal is refused as there is no real prospect of success or compelling reason; the section 68 challenge was bold and optimistic given the limited reach of section 68 and the tribunal's findings were supported by substantial reasoning. An interim payment on account of costs is ordered in a reduced amount due to insufficient explanation for the full increase in costs. The arbitral award is in the public domain due to the public hearing, but the court exercises its inherent jurisdiction to restrict its use pending further application, upholding the spirit of confidentiality and the parties' agreement.

Court Disposition

Permission to appeal refused; interim payments on account of costs ordered; confidentiality order regarding use of the award granted.

Orders

  • Permission to appeal refused to the Grigorishin Respondents.
  • Claimants awarded interim payment on account of costs: £100,000 (in addition to £285,000 security) and £5,000 for s.66 application costs.