A v B (Rev 1) [2020] EWHC 2790 (Comm) (21 October 2020)

A v B (Rev 1) [2020] EWHC 2790 (Comm) (21 October 2020)

The Consent Award is enforceable according to its terms. The Defendant's arguments based on oral variation, waiver, or estoppel are precluded by the entire agreement and no oral modification clauses in the 2018 Settlement Agreement, which apply to the Consent Award. The Acceleration Event was triggered by payment by E Co to F Co's lawyers in excess of the Principal Amount, and the Defendant's payment default also triggered acceleration. No binding oral agreement or estoppel precludes enforcement. The Claimant is entitled to enforce the full amount of the Consent Award.

Citation
[2020] EWHC 2790 (Comm)
Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
21 October 2020
Procedural Posture
Arbitration Enforcement Application / Judgment Following Trial of Disputed Enforcement Issues Under S.66 Arbitration Act 1996
Outcome
Claim allowed. Permission to enforce the Consent Award granted.
Legal Topics
Enforcement of Arbitration Awards, Interpretation of Consent Awards, Contract Variation and Estoppel, No Oral Modification Clauses
Arbitration Commercial Law Enforcement of Arbitration Awards Interpretation of Consent Awards Contract Variation and Estoppel No Oral Modification Clauses

Case Brief

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Parties

A

Claimant

B

Defendant

Procedural Posture

Arbitration Enforcement Application / Judgment Following Trial of Disputed Enforcement Issues Under S.66 Arbitration Act 1996

Legal Issues

  1. 1 Whether the Claimant is entitled to enforce the Consent Award in full under s.66 Arbitration Act 1996
  2. 2 Whether the acceleration provisions in the Consent Award were triggered
  3. 3 Whether there was a subsequent variation, waiver, or estoppel precluding enforcement

Ratio Decidendi

The Consent Award is enforceable according to its terms. The Defendant's arguments based on oral variation, waiver, or estoppel are precluded by the entire agreement and no oral modification clauses in the 2018 Settlement Agreement, which apply to the Consent Award. The Acceleration Event was triggered by payment by E Co to F Co's lawyers in excess of the Principal Amount, and the Defendant's payment default also triggered acceleration. No binding oral agreement or estoppel precludes enforcement. The Claimant is entitled to enforce the full amount of the Consent Award.

Court Disposition

Claim allowed. Permission to enforce the Consent Award granted.

Orders

  • Claimant granted permission to enforce the Consent Award in the sum of $39,111,604.
  • Claimant permitted to amend to rely on further missed instalments.