Leidos Inc v The Hellenic Republic

Leidos Inc v The Hellenic Republic

Leidos is the successful party as the award was ultimately enforced and paid, but material non-disclosure and unreasonable refusal to stay enforcement justify no order as to costs; each party bears its own costs.

Parties
Claimant: Leidos Inc; Defendant: The Hellenic Republic
Jurisdiction
England and Wales
Judgment Date
17 October 2019
Procedural Posture
Commercial Court Enforcement of Arbitral Award / Post Enforcement, Costs Determination
Outcome
No order as to costs; each party bears its own costs.
Legal Topics
Enforcement of Foreign Arbitral Awards, Costs Allocation, Non Disclosure, Interpretation of Arbitration Act 1996 S.103
Arbitration International Law Civil Procedure Enforcement of Foreign Arbitral Awards Costs Allocation Non Disclosure Interpretation of Arbitration Act 1996 S.103

Case Brief

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Parties

Leidos Inc

Claimant

The Hellenic Republic

Defendant

Procedural Posture

Commercial Court Enforcement of Arbitral Award / Post Enforcement, Costs Determination

Legal Issues

  1. 1 Whether enforcement of the arbitral award should be refused under Arbitration Act 1996 s.103(2)(f) due to suspension by Greek Supreme Court
  2. 2 Whether material non-disclosure occurred in the without notice enforcement application
  3. 3 How costs should be allocated given the procedural history

Ratio Decidendi

Leidos is the successful party as the award was ultimately enforced and paid, but material non-disclosure and unreasonable refusal to stay enforcement justify no order as to costs; each party bears its own costs.

Court Disposition

No order as to costs; each party bears its own costs.

Orders

  • No order as to costs for prior applications and the 11 October 2019 hearing.