Sodzawiczny v McNally [2021] EWHC 3384 (Comm) (15 December 2021)

Sodzawiczny v McNally [2021] EWHC 3384 (Comm) (15 December 2021)

The court held that Declaration (1) had no utility for enforcement as a court order and set aside the enforcement order in respect of it, but refused to set aside the enforcement order for Declaration (2) and the Transfer Order, finding them sufficiently clear, useful, and not contrary to public policy or third party rights.

Citation
[2021] EWHC 3384 (Comm)
Parties
Claimant: Franek Jan Sodzawiczny; Defendant: Simon John McNally
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Commercial Court Application Under S.66 Arbitration Act 1996 / Application to Set Aside Enforcement Order
Outcome
Application granted in part and refused in part
Legal Topics
Enforcement of Arbitral Awards, Discretionary Relief, Trusts and Beneficial Ownership, Foreign Property, Public Policy in Arbitration
Arbitration Commercial Law Enforcement of Arbitral Awards Discretionary Relief Trusts and Beneficial Ownership Foreign Property Public Policy in Arbitration

Case Brief

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Parties

Franek Jan Sodzawiczny

Claimant

Simon John McNally

Defendant

Procedural Posture

Commercial Court Application Under S.66 Arbitration Act 1996 / Application to Set Aside Enforcement Order

Legal Issues

  1. 1 Whether the arbitral award concerning foreign property is arbitrable and enforceable under s.66 Arbitration Act 1996
  2. 2 Whether the declarations and transfer order in the award are sufficiently clear and have utility for enforcement as a court order
  3. 3 Whether enforcement would improperly affect third party rights or contravene public policy

Ratio Decidendi

The court held that Declaration (1) had no utility for enforcement as a court order and set aside the enforcement order in respect of it, but refused to set aside the enforcement order for Declaration (2) and the Transfer Order, finding them sufficiently clear, useful, and not contrary to public policy or third party rights.

Court Disposition

Application granted in part and refused in part

Orders

  • Cockerill Order set aside as to Declaration (1)
  • Cockerill Order upheld as to Declaration (2) and the Transfer Order