Enercon GmbH & Anor v Wind World (India) Ltd [2014] EWHC 4049 (Comm) (02 December 2014)

Enercon GmbH & Anor v Wind World (India) Ltd [2014] EWHC 4049 (Comm) (02 December 2014)

WWIL is the successful party as the English proceedings were without foundation after the Indian Supreme Court determined India as the seat of arbitration; Enercon must pay 90% of WWIL's reserved costs, with a modest reduction for Enercon's success on the existence of an arbitration agreement.

Source-derived case information.

Citation
[2014] EWHC 4049 (Comm)
Parties
Claimant: ENERCON GmbH; Claimant: WOBBEN PROPERTIES GmbH; Defendant: WIND WORLD (INDIA) LTD
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Arbitration Claim Form (acf) and Related Applications / Costs Determination Following Reserved Orders
Outcome
Enercon must pay 90% of WWIL's reserved costs, to be assessed unless otherwise agreed; Enercon to make a payment on account of £300,000.
Legal Topics
Costs, Jurisdiction, Anti Suit Injunction, Freezing Injunction, Stay of Proceedings
Arbitration Civil Procedure Costs Jurisdiction Anti Suit Injunction Freezing Injunction Stay of Proceedings

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Parties

ENERCON GmbH

Claimant

WOBBEN PROPERTIES GmbH

Claimant

WIND WORLD (INDIA) LTD

Defendant

Procedural Posture

Arbitration Claim Form (acf) and Related Applications / Costs Determination Following Reserved Orders

Legal Issues

  1. 1 Whether costs reserved in previous orders should be awarded to WWIL
  2. 2 Applicability of s9 Arbitration Act 1996 for stay of proceedings
  3. 3 Whether costs should be adjourned pending arbitration

Ratio Decidendi

WWIL is the successful party as the English proceedings were without foundation after the Indian Supreme Court determined India as the seat of arbitration; Enercon must pay 90% of WWIL's reserved costs, with a modest reduction for Enercon's success on the existence of an arbitration agreement.

Court Disposition

Enercon must pay 90% of WWIL's reserved costs, to be assessed unless otherwise agreed; Enercon to make a payment on account of £300,000.

Orders

  • Enercon to pay 90% of WWIL's reserved costs, subject to detailed assessment.
  • Enercon to make interim payment of £300,000 on account of costs.