OMV PETROM SA V GLENCORE INTERNATIONAL AG

[2014] EWHC 242 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Blair, 7 February 2014

Practice - Matters settled in earlier arbitration with defendant but not claimant as party - Whether to be treated as settled - Whether abuse of process to raise same defence again - Confidentiality of arbitration

This was the determination of preliminary issues before trial in the context of a dispute under contracts for the supply of crude oil. The claimant, Petrom, sought an order striking out parts of the defence as an abuse of process on the ground that issues arising in a 2005 arbitration between Glencore as respondent, but a different party (Petrom's assignor of rights) as claimant, should be treated as settled in these proceedings in the Commercial Court. The claims and the defences were essentially the same as in the arbitration, but the court proceedings were brought by a different claimant. Glencore contended that it was not an abuse of process to raise these matters again, relying on the fact that the arbitration was confidential to the parties to it.