Contax Partners Inc BVI v Kuwait Finance House KFH-Kuwait and Ors 2024 EWHC 436 Comm - 29 February 2024
Country
Year
2024
Summary
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Conclusion
50. These matters lead me to the conclusion that there was no arbitration agreement or arbitration, and that the Award and the Kuwaiti judgment are fabrications. I do not consider that there is a triable issue in relation to this.
51. For these reasons, I will set aside the August Order entering judgment against the Defendants in the terms of the purported Award.
52. The result of this decision is that there are a considerable number of unanswered, but serious, questions, and in particular as to who was responsible for the fabrications which I have found to have been made, and whether there is culpability (and if any whose) as to the way in which the application for permission to enforce the purported Award was presented to the court. Those are matters which are likely to require investigation hereafter.