OMV Petrom SA v Glencore International AG

Evidence – Admissibility. In the course of proceedings, the claimant company applied to the court, seeking an order that issues arising from an arbitration between the defendant company and a third party supplier be treated as settled in the instant proceedings. The Commercial Court held that to allow the application would lead to a result by which a man facing serious charges of fraud would not be able to defend himself again, and would suffer a greater unfairness than the claimant. That was sufficient to decide the application against the claimant.