STATI AND OTHERS V THE REPUBLIC OF KAZAKHSTAN

[2018] EWCA Civ 1896, Court of Appeal, Lord Justice Patten, Lord Justice Richards and Lord Justice Leggatt, 10 August 2018

Arbitration - Enforcement of arbitration award - Application for enforcement of award contested by allegation of fraud - Trial ordered - Notice of discontinuance by claimants - Application by defendant to set aside notice of discontinuance - New York Convention 1958 - Arbitration Act 1996, sections 101 and 103

In December 2013 the claimants obtained an arbitration award in Sweden against the defendant for US$500 million. In February 2014 the claimants commenced proceedings in England under section 101 of the Arbitration Act 1996 to enforce the award. The defendant contested enforcement on the ground of fraud, and in earlier proceedings the court found that there was sufficient evidence of fraud for the matter to be sent to trial. Shortly before the disclosure of documents, the claimant gave notice discontinuing the enforcement proceedings and undertook not to enforce the award in England.