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Issue estoppel and Henderson v Henderson abuse of process in arbitration enforcement proceedings (Carpatsky Petroleum Corp v PJSC Ukrnafta)

Issue estoppel and Henderson v Henderson abuse of process in arbitration enforcement proceedings (Carpatsky Petroleum Corp v PJSC Ukrnafta)
Published on: 08 April 2020
Published by: LexisPSL
  • Issue estoppel and Henderson v Henderson abuse of process in arbitration enforcement proceedings (Carpatsky Petroleum Corp v PJSC Ukrnafta)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • No arbitration agreement—(AA 1996, s 103(2)(b))
  • Procedural irregularity—AA 1996, s 103(2)(c) or (e)
  • Case details

Article summary

Arbitration analysis: Mr Justice Butcher, in the Commercial Court, refused to set aside orders of Mr Justice Knowles recognising and enforcing an Arbitration Institute of the Stockholm Chamber of Commerce (SCC) arbitral award. In doing so, he considered the application of issue estoppel and abuse of process to the enforcement of arbitration awards and, in particular, the different weight to be given to decisions of the curial court compared with other enforcing courts. Written by Mubarak Waseem, barrister, Essex Court Chambers. or take a trial to read the full analysis.

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