The WLR Daily case summaries
[2021] WLR(D) 181
Queen’s Bench Division
PJSC National Bank Trust and another v Mints and others
[2022] EWHC 871 (Comm)
2022 Feb 24, 25; April 11
Foxton J
Estoppel— Per rem judicatam— Issue estoppel— Companies bringing arbitration claims against banks— Banks advancing counterclaim based on alleged dishonesty of companies’ controllers claimed by banks to be attributable to companies— Banks also bringing court proceedings against controllers— Arbitration tribunal upholding counterclaim— Banks applying to amend court claim to preclude controllers either on grounds of issue estoppel or to prevent abuse of process from challenging arbitration tribunal’s findings— Whether arbitration award giving rise to issue estoppel against non-party in subsequent court proceedings— Test to be applied— Where abuse of process for non-party to attempt to litigate issues determined in arbitration