W v X Company [2017] EWHC 3430 (Comm) (20 December 2017)

W v X Company [2017] EWHC 3430 (Comm) (20 December 2017)

Y failed to comply with peremptory disclosure orders in categories (1), (2), and (4); court exercises discretion to make s.42 orders as necessary to support arbitral process and ensure compliance with disclosure obligations.

Citation
[2017] EWHC 3430 (Comm)
Parties
Claimant: W; Defendant: X Company
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Commercial Court Application Under Arbitration Act 1996 / Judgment on S.42, S.43, S.44 Applications
Outcome
Application under s.42 Arbitration Act 1996 granted in respect of categories (1), (2), and (4); refused for category (3).
Legal Topics
Enforcement of Arbitral Orders, Disclosure Obligations, Identity of Contracting Parties
Arbitration Commercial Law Enforcement of Arbitral Orders Disclosure Obligations Identity of Contracting Parties

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Parties

W

Claimant

X Company

Defendant

Procedural Posture

Commercial Court Application Under Arbitration Act 1996 / Judgment on S.42, S.43, S.44 Applications

Legal Issues

  1. 1 Whether Y failed to comply with peremptory disclosure orders of arbitral tribunals
  2. 2 Whether court should exercise discretion to enforce arbitral orders under s.42 Arbitration Act 1996

Ratio Decidendi

Y failed to comply with peremptory disclosure orders in categories (1), (2), and (4); court exercises discretion to make s.42 orders as necessary to support arbitral process and ensure compliance with disclosure obligations.

Court Disposition

Application under s.42 Arbitration Act 1996 granted in respect of categories (1), (2), and (4); refused for category (3).

Orders

  • Y ordered to comply with peremptory disclosure orders regarding correspondence with Mr A, documents relating to purchase of Vessel 'E', and information relating to five vessel transactions.
  • Court to hear submissions on precise form of order and costs.