Nomihold Securities Inc v Mobile Telesystems Finance SA [2012] EWCA Civ 40 (19 January 2012)

Nomihold Securities Inc v Mobile Telesystems Finance SA [2012] EWCA Civ 40 (19 January 2012)

The court exercised its discretion to require the appellant to pay the judgment debt into court as a condition for permission to appeal, finding that the parent company is able but chooses not to fund the subsidiary, and that this does not constitute stifling of the appeal as contemplated by the authorities.

Citation
[2012] EWCA Civ 40
Parties
Proposed Respondent: Nomihold Securities Inc; Proposed Appellant: Mobile Telesystems Finance SA
Jurisdiction
England and Wales
Judgment Date
19 January 2012
Procedural Posture
Arbitration Claim / Application for Permission to Appeal With Conditions
Outcome
Permission to appeal granted subject to condition
Legal Topics
Judgment Debt Enforcement, Conditions for Appeal, Discretion Under Arbitration Act 1996
Arbitration Commercial Law Judgment Debt Enforcement Conditions for Appeal Discretion Under Arbitration Act 1996

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Parties

Nomihold Securities Inc

Proposed Respondent

Mobile Telesystems Finance SA

Proposed Appellant

Procedural Posture

Arbitration Claim / Application for Permission to Appeal With Conditions

Legal Issues

  1. 1 Should permission to appeal be subject to a condition requiring the judgment debt to be brought into court?
  2. 2 Does imposing such a condition stifle the appeal in violation of Article 6?

Ratio Decidendi

The court exercised its discretion to require the appellant to pay the judgment debt into court as a condition for permission to appeal, finding that the parent company is able but chooses not to fund the subsidiary, and that this does not constitute stifling of the appeal as contemplated by the authorities.

Court Disposition

Permission to appeal granted subject to condition

Orders

  • Appellant must pay the amount of the judgment debt into court as a condition for proceeding with the appeal