Orascom Tmt Investments SARL v Veon Ltd [2018] EWHC 985 (Comm) (22 March 2018)

Orascom Tmt Investments SARL v Veon Ltd [2018] EWHC 985 (Comm) (22 March 2018)

The tribunal did not fail to deal with any relevant issue under section 68(2)(d); the award addressed the substance of Orascom's arguments regarding the Italian tax authorities' position and the lawfulness of the settlement. No serious irregularity or substantial injustice was established.

Citation
[2018] EWHC 985 (Comm)
Parties
Claimant: Orascom TMT Investments S.À R. L. (formerly Weather Investments II S.à r.l.); Defendant: VEON LTD (formerly VimpelCom Ltd)
Jurisdiction
England and Wales
Judgment Date
22 March 2018
Procedural Posture
Section 68 Arbitration Act 1996 Challenge / Judgment on Application to Set Aside Arbitral Award
Outcome
Claim dismissed
Legal Topics
Section 68 Arbitration Act 1996, Serious Irregularity, Failure to Deal With Issues, Enforcement of Arbitral Awards
Arbitration Commercial Law Section 68 Arbitration Act 1996 Serious Irregularity Failure to Deal With Issues Enforcement of Arbitral Awards

Case Brief

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Parties

Orascom TMT Investments S.À R. L. (formerly Weather Investments II S.à r.l.)

Claimant

VEON LTD (formerly VimpelCom Ltd)

Defendant

Procedural Posture

Section 68 Arbitration Act 1996 Challenge / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to deal with all issues put to it under section 68(2)(d) Arbitration Act 1996
  2. 2 Whether the alleged failure amounted to a serious irregularity causing substantial injustice

Ratio Decidendi

The tribunal did not fail to deal with any relevant issue under section 68(2)(d); the award addressed the substance of Orascom's arguments regarding the Italian tax authorities' position and the lawfulness of the settlement. No serious irregularity or substantial injustice was established.

Court Disposition

Claim dismissed

Orders

  • Section 68 challenge dismissed
  • Order made that the full arbitral award, as corrected, is enforceable