Leidos Inc v The Hellenic Republic

Subject Matter

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)

[2019] EWHC 2738 (Comm); [2021] Bus LR 385; [2020] 1 Lloyd's Rep 37; [2019] 2 CLC 674; [2019] WLR (D) 576, QBD

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

[2019] EWHC 2738 (Comm); [2021] Bus LR 385; [2020] 1 Lloyd's Rep 37; [2019] 2 CLC 674; [2019] WLR (D) 576, QBD