Sovarex SA v Romero Alvarez SA - QBD (Com Ct)(Hamblen J) - 29 June 2011

(2011)827 LMLN 2

Arbitration - Award - Enforcement - Claimant applying to enforce FOSFA arbitration award as a judgment under section 66 of the Arbitration Act 1996 - Respondent denying any contract concluded - Whether respondent had lost right to object by participating in arbitration - Whether section 66 procedure appropriate where disputed issues of fact - Whether court should decline jurisdiction or stay proceedings on lis pendens or forum non conveniens grounds

The claimant (“Sovarex”) contended that it concluded a contract with the respondent (“Alvarez”) by which Sovarex agreed to sell to Alvarez 5,000 mt of sunflower seeds. The contract provided for English law and contained an arbitration agreement providing for London FOSFA arbitration. Alvarez denied that any contract was concluded.