UMS Holding Ltd & Ors v Great Station Properties SA & Anor

UMS Holding Ltd & Ors v Great Station Properties SA & Anor

Permission to appeal was refused because there was no real prospect of success or compelling reason; the interim payment on account of costs was ordered in a reduced amount reflecting a reasonable estimate; the arbitral award, having entered the public domain through court proceedings, is no longer confidential under Article 30 of the LCIA Rules, but the court imposed restrictions on its use pending further application.

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

Case Brief

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Parties

UMS Holding Limited

Claimant

Energy Standard Fund Limited

Claimant

Energy Standard Industries Limited

Claimant

Great Station Properties S.A.

Defendant

Inter Growth Investments Limited

Defendant

Stremvol Holdings Limited

Respondent

Procedural Posture

Commercial Arbitration Challenge / Post Judgment Ancillary Applications (permission to Appeal, Interim Costs, Confidentiality)

Legal Issues

  1. 1 Whether permission to appeal the section 68 challenge should be granted
  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

Ratio Decidendi

Permission to appeal was refused because there was no real prospect of success or compelling reason; the interim payment on account of costs was ordered in a reduced amount reflecting a reasonable estimate; the arbitral award, having entered the public domain through court proceedings, is no longer confidential under Article 30 of the LCIA Rules, but the court imposed restrictions on its use pending further application.

Court Disposition

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

Orders

  • Permission to appeal refused to the Grigorishin Respondents.
  • Claimants awarded an interim payment on account of costs in the sum of £100,000 (in addition to £285,000 security already provided).