Nomihold Securities Inc v Mobile Telesystems Finance SA

Nomihold Securities Inc v Mobile Telesystems Finance SA

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 group is able but unwilling to pay and that this does not constitute stifling of the appeal as contemplated by authorities.

Parties
Applicant: Nomihold Securities Inc; Respondent: Mobile Telesystems Finance SA
Jurisdiction
England and Wales
Judgment Date
19 January 2012
Procedural Posture
Arbitration Claim / Application for Permission to Appeal With Condition
Outcome
Permission to appeal granted subject to condition
Legal Topics
Judgment Debt, Permission to Appeal, Security for Costs
Arbitration Commercial Law Judgment Debt Permission to Appeal Security for Costs

Case Brief

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Parties

Nomihold Securities Inc

Applicant

Mobile Telesystems Finance SA

Respondent

Procedural Posture

Arbitration Claim / Application for Permission to Appeal With Condition

Legal Issues

  1. 1 Whether permission to appeal should be subject to a condition requiring the judgment debt to be paid into court

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 group is able but unwilling to pay and that this does not constitute stifling of the appeal as contemplated by authorities.

Court Disposition

Permission to appeal granted subject to condition

Orders

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