Range Energy Resources Inc -v- Black Gold Khalakan Limited [2014] JRC 197A (13 October 2014)

Range Energy Resources Inc -v- Black Gold Khalakan Limited [2014] JRC 197A (13 October 2014)

The court granted an adjournment of enforcement proceedings because the respondent's challenge to the arbitral award in the English High Court was brought promptly and bona fide, with a realistic prospect of success, and the potential prejudice to the respondent from immediate enforcement outweighed the prejudice to the representor from delay. The adjournment was conditional on the respondent paying US$2.65m into court as security.

Citation
[2014] JRC 197A
Parties
Applicant: [Redacted] (the representor); Respondent: [Redacted] (the respondent)
Jurisdiction
Jersey
Judgment Date
13 October 2014
Procedural Posture
Application to Adjourn Enforcement of Arbitration Award / Interlocutory (application for Adjournment Prior to Enforcement Hearing)
Outcome
Application for adjournment granted, conditional on payment of security.
Legal Topics
Enforcement of Foreign Arbitral Awards, Adjournment Pending Challenge, Security for Enforcement, Serious Irregularity Under Arbitration Act 1996
Arbitration Civil Procedure Enforcement of Foreign Arbitral Awards Adjournment Pending Challenge Security for Enforcement Serious Irregularity Under Arbitration Act 1996

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Parties

[Redacted] (the representor)

Applicant

[Redacted] (the respondent)

Respondent

Procedural Posture

Application to Adjourn Enforcement of Arbitration Award / Interlocutory (application for Adjournment Prior to Enforcement Hearing)

Legal Issues

  1. 1 Whether enforcement of an arbitral award should be adjourned pending a challenge in the English High Court under Section 68 of the Arbitration Act 1996
  2. 2 Whether security should be ordered as a condition of adjournment

Ratio Decidendi

The court granted an adjournment of enforcement proceedings because the respondent's challenge to the arbitral award in the English High Court was brought promptly and bona fide, with a realistic prospect of success, and the potential prejudice to the respondent from immediate enforcement outweighed the prejudice to the representor from delay. The adjournment was conditional on the respondent paying US$2.65m into court as security.

Court Disposition

Application for adjournment granted, conditional on payment of security.

Orders

  • Respondent to pay US$2.65m into court by 24 October 2014 as security.
  • Parties to fix a new hearing date shortly after the anticipated English High Court decision on the Section 68 application.