Kohn v Sheva Wagschal & 2 Ors [2006] EWHC 3356 (Comm) (21 December 2006)

Kohn v Sheva Wagschal & 2 Ors [2006] EWHC 3356 (Comm) (21 December 2006)

Enforcement of the arbitral award does not require reliance on illegality; the alleged subsequent agreement was not binding or implemented; the arbitrators acted within their jurisdiction; and there was no material non-disclosure. The order enforcing the award should stand, subject to minor amendments to reflect undertakings and correct shareholdings.

Citation
[2006] EWHC 3356 (Comm)
Parties
Claimant: Chaim Kohn; Defendant: Sheva Wagschal; Defendant: 2 Ors
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Arbitration Enforcement Application / Application to Set Aside Order Enforcing Arbitral Award
Outcome
Application to set aside enforcement order dismissed
Legal Topics
Enforcement of Arbitral Awards, Public Policy and Illegality, Jurisdiction of Arbitrators, Compromise Agreements, Non Disclosure in Ex Parte Applications
Arbitration Probate Trusts and Estates Enforcement of Arbitral Awards Public Policy and Illegality Jurisdiction of Arbitrators Compromise Agreements Non Disclosure in Ex Parte Applications

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Parties

Chaim Kohn

Claimant

Sheva Wagschal

Defendant

2 Ors

Defendant

Procedural Posture

Arbitration Enforcement Application / Application to Set Aside Order Enforcing Arbitral Award

Legal Issues

  1. 1 Whether enforcement of the arbitral award is contrary to public policy due to alleged illegality
  2. 2 Whether a subsequent agreement superseded the arbitral award
  3. 3 Whether the arbitrators exceeded their jurisdiction

Ratio Decidendi

Enforcement of the arbitral award does not require reliance on illegality; the alleged subsequent agreement was not binding or implemented; the arbitrators acted within their jurisdiction; and there was no material non-disclosure. The order enforcing the award should stand, subject to minor amendments to reflect undertakings and correct shareholdings.

Court Disposition

Application to set aside enforcement order dismissed

Orders

  • Order of Colman J. enforcing the arbitral award to stand, subject to amendments reflecting undertakings and corrections to shareholdings
  • Formal undertaking by the claimant to distribute 50% of the assets to the sisters to be attached to the order