Arbitration and third parties: abuse of process and arbitration awards

Michael Wilson & Partners Ltd v Sinclair andAnother [2017] EWCA Civ 3, the latestinstalment in the decade-long dispute between MWP and its ex-employees, hasallowed the Court of Appeal to adjudicate upon a difficult issue in relation tothe effect of an arbitration award upon a third party. The essential question,albeit arising in a complex factual scenario, was whether an arbitration awardholding that A had no claim against B for improperly acquiring shares, in thatthe shares belonged to C, precluded a claim in judicial proceedings by Aagainst C in respect of those shares.

The facts