Eastern European Engineering Ltd v Vijay Construction Ltd

摘要

Arbitration - Enforcement of foreign award -New York Convention - Security for award following stay of enforcement proceedings -Arbitration Act 1996, sections 101 and 103. On 14 November 2014 the claimant obtained an arbitration award of some €17 million in an ICC arbitration in Paris. Leave to enforce the award, and judgment in terms of the award, was granted ex parte by Cooke J on 18 August 2015. On 23 October 2015 the defendant applied to have Cooke J's order set aside. By order dated 8 June 2016 Flaux J: (a) on the application of the claimant, adjourned the defendant's set aside application pending the final determination in the French courts of the case brought by the defendant there to challenge the award; and (b) ordered the defendant to provide security for the award in the sum of €7,500,000 by 16.00 on 20 July 2016. The defendant failed to comply.