*Enercon GmbH and another v Wind World (India) Ltd

Arbitration – Costs. The proceedings concerned arbitration proceedings in the context of wind energy development between German and Indian companies. The proceedings had been ongoing for some years in Indian and English courts. Following a judgment in the English court, the defendant company applied for its reserved costs. The claimants opposed the application contending, among, other things, that it was entitled to a mandatory stay pursuant to s 9(1) of the Arbitration Act 1996 or pursuant to the court's inherent jurisdiction. The Commercial Court held that, where the relevant legal proceedings concerned the English arbitration action and not the application for costs, s 9 of the Act did not apply in the way contended by the claimants. The defendant was entitled to its costs.

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