Y v S

Arbitration – Award. The claimant bought a claim challenging the jurisdiction of an arbitral tribunal, which had granted an award in favour of the defendant. He was granted a stay on the enforcement of the award until the determination of that claim (the first order). The first order was later varied. The defendant applied to discharge a paragraph in the first order and for leave, under s 66 of the Arbitration Act 1996, to enforce the award. The Commercial Court, in granting the application, ruled that it had been unnecessary and inappropriate for the court to grant the first order in its original form or as subsequently varied. There was nothing in CPR 62.18 which contemplated that temporary prohibition against enforcement of an arbitration award might be made, subject to an order for the provision of security.

Category: