Enercon GmbH & Anor v Wind World (India) Ltd

Enercon GmbH & Anor v Wind World (India) Ltd

WWIL is the successful party as the English proceedings were without foundation after the Indian Supreme Court determined India was the seat of arbitration. The English Court retains jurisdiction to determine reserved costs and should do so now, not defer to arbitration. Enercon must pay 90% of WWIL's reserved costs, with a payment on account of £300,000.

Parties
Claimant: ENERCON GmbH; Claimant: WOBBEN PROPERTIES GmbH; Defendant: WIND WORLD (INDIA) LTD
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Commercial Arbitration Related Application / Costs Determination Following Reserved Costs in Prior Orders
Outcome
Enercon to pay 90% of WWIL's reserved costs, assessed unless agreed, and to make a payment on account of £300,000.
Legal Topics
Costs, Arbitration Agreement, Supervisory Jurisdiction, Stay of Proceedings, Anti Suit Injunction, Freezing Injunction
Arbitration Commercial Law Civil Procedure Costs Arbitration Agreement Supervisory Jurisdiction Stay of Proceedings Anti Suit Injunction +1 more

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Parties

ENERCON GmbH

Claimant

WOBBEN PROPERTIES GmbH

Claimant

WIND WORLD (INDIA) LTD

Defendant

Procedural Posture

Commercial Arbitration Related Application / Costs Determination Following Reserved Costs in Prior Orders

Legal Issues

  1. 1 Whether the English Court should order payment of reserved costs and an interim payment on account to WWIL
  2. 2 Whether the costs issues should be stayed or adjourned pending arbitration
  3. 3 Whether the English Court has jurisdiction to determine the reserved costs or if they should be referred to arbitration

Ratio Decidendi

WWIL is the successful party as the English proceedings were without foundation after the Indian Supreme Court determined India was the seat of arbitration. The English Court retains jurisdiction to determine reserved costs and should do so now, not defer to arbitration. Enercon must pay 90% of WWIL's reserved costs, with a payment on account of £300,000.

Court Disposition

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

Orders

  • Enercon to pay 90% of WWIL's costs previously reserved by the Court, to be assessed unless otherwise agreed.
  • Enercon to make a payment on account of such costs in the sum of £300,000.