CHENCO CHEMICAL ENGINEERING AND CONSULTING GMBH V DO FLUORIDE CHEMICALS CO LTD

[2021] EWHC 1052 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Jacobs, 26 April 2021

Arbitration – Enforcement of award – Dispute as to whether conditions in award had been met – Jurisdiction of enforcing court – Arbitration Act 1996, section 101

By an award dated 15 May 2013 given in a Swiss ICC arbitration, the tribunal held that the defendant (DFD) had in breach of contract used the claimant’s (Chenco) designs for the creation of an aluminium fluoride production plant to construct four new plants of its own. The tribunal ordered DFD to make a monthly payment of €100,000 from 23 March 2011 and for as long as DFD continued to use Chenco’s technology, with a backstop date of 31 August 2016.