Summary

Introduction

There are before me today two applications brought by the Defendants against the Claimant.

(1) The first is the Defendants' application dated 27 June 2024 for reverse summary judgment (the "Summary Judgment Application") in relation to the claims in the Claimant's Arbitration Claim Form dated 16 May 2024 (the "Section 69 Appeal") in which the claimant appeals the partial arbitration award dated 11 April 2024 (the "Award") in LCIA Arbitration No 215370 (the "Arbitration") under sections 69(1) and 69(2)(a) of the Arbitration Act 1996, on the basis that the Section 69 Appeal was not brought within 30 days after the decision of the Tribunal being rendered, and so the Section 69 Appeal stands to be dismissed.

(2) The second is an application by the Second Defendant, dated 13 June 2024, under section 66 of the Arbitration Act 1996 (the "Enforcement Application"), seeking permission to enforce the Award and enter judgment therein.

The Arbitration arose out of a deed of indemnity dated 19 December 2003 (the "2003 Indemnity"). The Summary Judgment Application is made because the Defendants claim that the Claimant is out of time to make any appeal having regard to the terms of the contractually agreed provision as to appeal in the 2003 Indemnity, and there is no basis, either legal or evidential, upon which he can rely to remedy his failure to bring an appeal in time, the parties having contractually waived all rights to make an application to the Court under the Arbitration Act 1996, except as provided by the arbitration agreement.

The Enforcement Application is made as of right under section 66 of the Arbitration Act 1996, and irrespective of the outcome of the Summary Judgment Application. The Claimant accepts that the Defendants have a prima facie entitlement to pursue the fruits of the Award and obtain the relief sought under section 66 of the Arbitration Act 1996, but submits that if the Summary Judgment Application is unsuccessful, the Court should exercise its discretion to stay enforcement of the Award pending the outcome of the Section 69 Appeal which is listed for one day on 12 February 2025.

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