Kohn v Sheva Wagschal & 2 Ors

Kohn v Sheva Wagschal & 2 Ors

The objections to enforcement were unfounded; enforcement does not require reliance on illegality, the alleged compromise agreement was not binding or implemented, the arbitrators acted within their jurisdiction, and there was no material non-disclosure. The order enforcing the arbitral award should stand with minor amendments.

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, Illegality and Public Policy, Jurisdiction of Arbitrators, Compromise Agreements, Non Disclosure
Arbitration Succession Trusts and Estates Enforcement of Arbitral Awards Illegality and Public Policy Jurisdiction of Arbitrators Compromise Agreements Non Disclosure

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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 barred by illegality/public policy
  2. 2 Whether a subsequent agreement superseded the arbitral award
  3. 3 Whether the arbitrators exceeded their jurisdiction

Ratio Decidendi

The objections to enforcement were unfounded; enforcement does not require reliance on illegality, the alleged compromise agreement was not binding or implemented, the arbitrators acted within their jurisdiction, and there was no material non-disclosure. The order enforcing the arbitral award should stand with minor amendments.

Court Disposition

Application to set aside enforcement order dismissed

Orders

  • Order of Colman J. enforcing the arbitral award stands, subject to amendments regarding shareholdings and formal undertaking by the son to distribute half the estate to the sisters.