Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd

Arbitration – Award. The Commercial Court, in dismissing the claimant's applications, held, among other things, that it would be wrong in principle to make it a condition of the defendant's pursuit of its application, under s 103 of the Arbitration Act 1996, to set aside an arbitration award in favour of the claimant, that it comply with an earlier order by another judge to provide security for the award. The court held that CPR 3.1(3) did not authorise the making of an unless order, the effect of which would be to require the provision of security for an award as a condition of pursuing a properly arguable challenge under s 103 of the Act.

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