June 21 2013
START DATE
END DATE
June 21 2013
In The Matter of The Bermuda International Conciliation and Arbitration Act 1993 and In The Matter of An Application to Enforce An Arbitration Award
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Civil Jurisdiction (Commercial Court)
Ian R.C. Kawaley
Mr. John Wasty and Mr. Henry Tucker Appleby (Bermuda) Limited
Mr. Paul Smith Conyers Dill & Pearman Limited
FACTS OF THE CASE:
summary of Respondent applied to set aside the Ex Parte Order granting leave to enforce an arbitration award and an Ex Parte Mareva injunction challenging the award and injunction on grounds of non-compliance with the requirements of section 41 of the Bermuda International Conciliation and Arbitration Act 1993
SUMMARY:
Whether non-compliance with section 41 invalidated the order to enforce the arbitration award and the Mareva injunction
OUTCOMES:
The court found that non-compliance with section 41's procedural requirements does not invalidate the enforcement of an arbitration award and the challenge to both the order and injunction was dismissed
RULED IN FAVOUR OF:
Applicant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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In The Matter of The Bermuda International Conciliation and Arbitration Act 1993 and In The Matter of An Application to Enforce An Arbitration Award
summary of Respondent applied to set aside the Ex Parte Order granting leave to enforce an arbitration award and an Ex Parte Mareva injunction challenging the award and injunction on grounds of non-compliance with the requirements of section 41 of the Bermuda International Conciliation and Arbitration Act 1993