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

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

The court held that expert evidence in French criminal law is reasonably required to resolve the proceedings, particularly in relation to the court's discretion under section 103(3) of the Arbitration Act 1996, given the potential criminal consequences for the defendants if enforcement is ordered. The balancing exercise of factors such as cost, delay, and significance to the parties justified granting permission to adduce the evidence.

Parties
Claimant: Alexander Brothers Limited; Defendant: Alstom Transport SA; Defendant: Alstom Network UK Limited
Jurisdiction
England and Wales
Judgment Date
06 April 2020
Procedural Posture
Commercial Court Application / Interlocutory Application for Permission to Adduce Expert Evidence and Extension of Time
Outcome
Permission Application granted
Legal Topics
Enforcement of Foreign Arbitral Awards, Public Policy Exception, Expert Evidence, Extension of Time, Bribery and Corruption
Arbitration Commercial Law Conflict of Laws Enforcement of Foreign Arbitral Awards Public Policy Exception Expert Evidence Extension of Time Bribery and Corruption

Case Brief

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Parties

Alexander Brothers Limited

Claimant

Alstom Transport SA

Defendant

Alstom Network UK Limited

Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application for Permission to Adduce Expert Evidence and Extension of Time

Legal Issues

  1. 1 Whether expert evidence in French criminal law is reasonably required for the set aside application under section 103(3) of the Arbitration Act 1996
  2. 2 Whether extension of time for filing and exchanging expert evidence should be granted

Ratio Decidendi

The court held that expert evidence in French criminal law is reasonably required to resolve the proceedings, particularly in relation to the court's discretion under section 103(3) of the Arbitration Act 1996, given the potential criminal consequences for the defendants if enforcement is ordered. The balancing exercise of factors such as cost, delay, and significance to the parties justified granting permission to adduce the evidence.

Court Disposition

Permission Application granted

Orders

  • Defendants granted permission to adduce expert evidence in French criminal law
  • Extension of time for filing and exchanging expert evidence granted