W v X Company

W v X Company

The court is satisfied that Y has failed to comply with the tribunal's peremptory orders in categories (1), (2), and (4) relating to disclosure of correspondence, documents, and information. The court exercises its discretion to enforce the orders under s.42 as necessary for the just disposal of the central issue and to support the arbitral process.

Parties
Claimant: W; Defendant: X Company
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Commercial Arbitration Enforcement / Judgment on Application for Enforcement of Arbitral Peremptory Orders Under Arbitration Act 1996 S.42
Outcome
Application granted in part
Legal Topics
Enforcement of Arbitral Awards, Disclosure Obligations, Peremptory Orders, Court Support for Arbitration
Arbitration Commercial Law Enforcement of Arbitral Awards Disclosure Obligations Peremptory Orders Court Support for Arbitration

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Parties

W

Claimant

X Company

Defendant

Procedural Posture

Commercial Arbitration Enforcement / Judgment on Application for Enforcement of Arbitral Peremptory Orders Under Arbitration Act 1996 S.42

Legal Issues

  1. 1 Whether the respondent failed to comply with peremptory disclosure orders of the arbitral tribunal under s.42 Arbitration Act 1996
  2. 2 Whether the court should exercise its discretion to enforce the tribunal's peremptory orders

Ratio Decidendi

The court is satisfied that Y has failed to comply with the tribunal's peremptory orders in categories (1), (2), and (4) relating to disclosure of correspondence, documents, and information. The court exercises its discretion to enforce the orders under s.42 as necessary for the just disposal of the central issue and to support the arbitral process.

Court Disposition

Application granted in part

Orders

  • Order for compliance by Y with peremptory disclosure orders of 29 May, 4 June, 6 June, 13 June, 18 June, 8 July, and 13 November 2017 under s.42 Arbitration Act 1996, subject to penal notice.
  • No order made under s.42 in respect of category (3) (contractual documents for five vessels).