The Business Law Reports
[2021] Bus LR 385
Queen’s Bench Division
Leidos Inc
v
The Hellenic Republic
[2019] EWHC 2738 (Comm)
2019 Oct 11; 17
Jacobs J
Arbitration— Award— Enforcement— Court having discretion to refuse to enforce New York Convention award if award suspended by court of seat of arbitration— Definition of “suspended”—
Arbitration Act 1996 (c 23), s 103(2)(f)
Costs— Order for costs— Discretion of court— Court of seat of arbitration suspending enforcement of award pending determination of challenge— Party applying to English court to enforce award while suspension still in force— Court of seat subsequently dismissing challenge and lifting suspension— Whether party’s conduct in bringing enforcement application while suspension in force justifying departure from general rule that successful party entitled to its costs—
CPR
r 44.2