Ekran OAO v Magneco Metrel UK Ltd

Ekran OAO v Magneco Metrel UK Ltd

The defendant received communications from the arbitral body at its English address, with clear English headings indicating the commencement of arbitration and appointment of arbitrators. The absence of English translations did not prevent the defendant from understanding the significance of the documents or from arranging translation. Therefore, the defendant was given proper notice of the arbitration and appointment of arbitrators and was able to present its case. There are no grounds to refuse recognition and enforcement of the award.

Parties
Claimant: Zavod Ekran OAO; Defendant: Magneco Metrel UK Ltd
Jurisdiction
England and Wales
Judgment Date
01 September 2017
Procedural Posture
Arbitration Claim / Application to Set Aside Enforcement Order
Outcome
application dismissed
Legal Topics
Recognition and Enforcement of Foreign Arbitral Awards, Proper Notice in Arbitration, New York Convention, Section 103(2)(c) Arbitration Act 1996
Arbitration International Commercial Law Recognition and Enforcement of Foreign Arbitral Awards Proper Notice in Arbitration New York Convention Section 103(2)(c) Arbitration Act 1996

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Parties

Zavod Ekran OAO

Claimant

Magneco Metrel UK Ltd

Defendant

Procedural Posture

Arbitration Claim / Application to Set Aside Enforcement Order

Legal Issues

  1. 1 Whether the defendant was given proper notice of the arbitration proceedings within the meaning of section 103(2)(c) Arbitration Act 1996
  2. 2 Whether the defendant was given proper notice of the appointment of arbitrators
  3. 3 Whether the defendant was otherwise unable to present its case in the arbitration

Ratio Decidendi

The defendant received communications from the arbitral body at its English address, with clear English headings indicating the commencement of arbitration and appointment of arbitrators. The absence of English translations did not prevent the defendant from understanding the significance of the documents or from arranging translation. Therefore, the defendant was given proper notice of the arbitration and appointment of arbitrators and was able to present its case. There are no grounds to refuse recognition and enforcement of the award.

Court Disposition

application dismissed

Orders

  • Recognition and enforcement of the arbitration award is not refused.
  • The order of Males J dated 16 January 2017 stands.