Vendort Traders Inc (Appellant) v Evrostroy Grupp LLC (Respondent) (British Virgin Islands)

Vendort Traders Inc (Appellant) v Evrostroy Grupp LLC (Respondent) (British Virgin Islands)

The new evidence regarding common control of the companies was not potentially decisive of Vendort's liability to pay the balance of the price. The arbitration award was enforceable and gave rise to a debt capable of supporting a statutory demand without a section 28 order.

Source-derived case information.

Citation
[2016] UKPC 15
Parties
Appellant: Vendort Traders Inc; Respondent: Evrostroy Grupp LLC
Jurisdiction
United Kingdom
Judgment Date
13 June 2016
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Statutory Demand, Enforceability of Arbitration Award, Fraud, Variation of Contract
Insolvency Arbitration Contract Statutory Demand Enforceability of Arbitration Award Fraud Variation of Contract

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Parties

Vendort Traders Inc

Appellant

Evrostroy Grupp LLC

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the arbitration award was procured by fraud and thus unenforceable
  2. 2 Whether a statutory demand can be based on an arbitration award without a section 28 order
  3. 3 Whether there was a substantial dispute as to the debt owing

Ratio Decidendi

The new evidence regarding common control of the companies was not potentially decisive of Vendort's liability to pay the balance of the price. The arbitration award was enforceable and gave rise to a debt capable of supporting a statutory demand without a section 28 order.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Board advises Her Majesty accordingly.