H J Heinz Co Ltd v EFL Inc [2010] EWHC 1203 (Comm) (28 May 2010)

H J Heinz Co Ltd v EFL Inc [2010] EWHC 1203 (Comm) (28 May 2010)

The application for summary judgment is dismissed because it cannot be determined without a trial whether the claimant could with reasonable diligence have discovered the forgery evidence before the arbitration, and it is arguable that the Hungarian courts did not finally and conclusively determine the issue so as to estop the claimant from raising it in England.

Citation
[2010] EWHC 1203 (Comm)
Parties
Claimant: H J Heinz Co Ltd; Defendant: EFL Inc
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Commercial Court Proceedings (application for Summary Judgment) / Summary Judgment Application Prior to Trial
Outcome
Application for summary judgment dismissed; claim to proceed to trial.
Legal Topics
Enforcement of Foreign Arbitral Awards, Public Policy Exception, Estoppel by Foreign Judgment, Fresh Evidence in Enforcement Proceedings
Arbitration Commercial Law Conflict of Laws Enforcement of Foreign Arbitral Awards Public Policy Exception Estoppel by Foreign Judgment Fresh Evidence in Enforcement Proceedings

Case Brief

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Parties

H J Heinz Co Ltd

Claimant

EFL Inc

Defendant

Procedural Posture

Commercial Court Proceedings (application for Summary Judgment) / Summary Judgment Application Prior to Trial

Legal Issues

  1. 1 Whether the claimant can rely on fresh evidence of forgery discovered after the arbitration to resist enforcement under s103(3) Arbitration Act 1996
  2. 2 Whether the claimant is estopped by the decisions of the Hungarian courts from raising the forgery issue in England

Ratio Decidendi

The application for summary judgment is dismissed because it cannot be determined without a trial whether the claimant could with reasonable diligence have discovered the forgery evidence before the arbitration, and it is arguable that the Hungarian courts did not finally and conclusively determine the issue so as to estop the claimant from raising it in England.

Court Disposition

Application for summary judgment dismissed; claim to proceed to trial.

Orders

  • The application for summary judgment by the defendant is dismissed.
  • The claim will proceed to trial for determination of the issues.