Vendort Traders Inc v Evrostroy Grupp LLC

Vendort Traders Inc v Evrostroy Grupp LLC

The new evidence regarding common control of the parties was not potentially decisive of Vendort's liability to pay the balance of the price under the Share Purchase Agreement. The award was enforceable without a section 28 order, and the statutory demand was properly issued.

Source-derived case information.

Parties
Appellant: Vendort Traders Inc; Respondent: Evrostroy Grupp LLC
Jurisdiction
England and Wales
Judgment Date
13 June 2016
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Statutory Demand, Enforceability of Arbitral Award, Fraud in Arbitration, Variation of Contract
Insolvency Arbitration Contract Statutory Demand Enforceability of Arbitral Award Fraud in Arbitration Variation of Contract

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Vendort Traders Inc

Appellant

Evrostroy Grupp LLC

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the arbitration award was procured by fraud and thus unenforceable
  2. 2 Whether a statutory demand can be based on an arbitral award without an enforcement order under section 28 of the Arbitration Ordinance
  3. 3 Whether new evidence from criminal proceedings affects enforceability of the award

Ratio Decidendi

The new evidence regarding common control of the parties was not potentially decisive of Vendort's liability to pay the balance of the price under the Share Purchase Agreement. The award was enforceable without a section 28 order, and the statutory demand was properly issued.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Board will humbly advise Her Majesty accordingly.