L v A

L v A

The indemnity was enforceable once liability was established and ascertained by the Indian judgment, and provision of security constituted payment; the tribunal was not entitled to delay or deny relief pending appeal.

Parties
Appellant: L; Respondent: A
Jurisdiction
England and Wales
Judgment Date
18 July 2016
Procedural Posture
Appeal / Judgment on Substantive Appeal
Outcome
appeal allowed
Legal Topics
Indemnity, Voyage Charterparty, Arbitration Award, Section 69 Arbitration Act 1996
Arbitration Commercial Law Indemnity Voyage Charterparty Arbitration Award Section 69 Arbitration Act 1996

Case Brief

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Parties

L

Appellant

A

Respondent

Procedural Posture

Appeal / Judgment on Substantive Appeal

Legal Issues

  1. 1 When does the cause of action under an indemnity accrue in the context of an arbitration award and foreign judgment?
  2. 2 Is the existence of an appeal against a foreign judgment relevant to the enforceability of an indemnity?

Ratio Decidendi

The indemnity was enforceable once liability was established and ascertained by the Indian judgment, and provision of security constituted payment; the tribunal was not entitled to delay or deny relief pending appeal.

Court Disposition

appeal allowed

Orders

  • Appeal under section 69 allowed; form of relief to be determined after further argument.