H J Heinz Co Ltd v EFL Inc

H J Heinz Co Ltd v EFL Inc

The application for summary judgment is dismissed because it is strongly arguable that the claimant was not estopped by the Hungarian court decisions and that the fresh evidence of forgery was not reasonably available at the time of the arbitration, requiring investigation at trial.

Parties
Claimant: H J Heinz Co Ltd; Defendant: EFL Inc
Jurisdiction
England and Wales
Judgment Date
28 May 2010
Procedural Posture
Commercial Court Application / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Enforcement of Foreign Arbitral Awards, Public Policy Exception, Estoppel, Admissibility of Fresh Evidence, Fraud and Forgery
Arbitration Commercial Law Enforcement of Foreign Arbitral Awards Public Policy Exception Estoppel Admissibility of Fresh Evidence Fraud and Forgery

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 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

H J Heinz Co Ltd

Claimant

EFL Inc

Defendant

Procedural Posture

Commercial Court Application / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant can rely on fresh evidence of forgery discovered after the arbitration hearing
  2. 2 Whether the claimant is estopped by the decisions of the Hungarian courts from pursuing its claim in England

Ratio Decidendi

The application for summary judgment is dismissed because it is strongly arguable that the claimant was not estopped by the Hungarian court decisions and that the fresh evidence of forgery was not reasonably available at the time of the arbitration, requiring investigation at trial.

Court Disposition

Application for summary judgment dismissed

Orders

  • Proceedings to continue to trial
  • No summary judgment granted