The WLR Daily case summaries
[2019] WLR (D) 576
Queen’s Bench Division
Leidos Inc v The Hellenic Republic
[2019] EWHC 2738 (Comm)
2019 Oct 11; 17
Jacobs J
Arbitration— Award— Enforcement— Courts in place of seat suspending enforcement of arbitration award pending final determination of challenge proceedings— Claimant successfully applying without notice to English court for permission to enforce award— Defendant applying to set aside order on basis enforcement of award to be refused if award suspended by competent authority of country of seat— Meaning of “suspension”— Whether courts in place of seat having effectively suspended award— Whether suspension of award precluding application to enforce award—
Arbitration Act 1996 (c 23), s 103(2)(f)
Costs— Order for costs— Discretion of court— Claimant successfully applying without notice to English court for permission to enforce arbitration award— Defendant’s application to set aside award withdrawn by consent following dismissal of challenge proceedings in courts of seat of arbitration— Court asked to make order as to costs of applications as matter of discretion— Factors relevant to court’s consideration of departure from general rule that successful party entitled to costs— Whether claimant to be awarded its costs—
CPR
r 44.2