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ARTICLE · 10 DECEMBER 2018

Applications To Refuse Enforcement Of Arbitration Awards: Lessons Learnt From Eastern European Engineering v Vijay Construction

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This case relates to a dispute between two Seychellois companies, Eastern European Engineering Ltd ("EEEL") and Vijay Construction (Proprietary) Ltd ("VCL"), arising out of the construction

GlobalLitigation, Mediation & Arbitration
Raid Abu-Manneh
Raid Abu-Manneh
Catherina Yurchyshyn
Catherina Yurchyshyn
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This case relates to a dispute between two Seychellois companies, Eastern European Engineering Ltd ("EEEL") and Vijay Construction (Proprietary) Ltd ("VCL"), arising out of the construction of a hotel complex.

Following a Paris-seated ICC arbitration award being made in EEEL's favour in 2014, EEEL was granted permission in 2015 to enforce the award in England. VCL then fought that decision, but its application was stayed pending the final determination of VCL's challenge to have the award set aside by the French Courts.

After VCL's challenge in France was dismissed, the English Court had to decide whether it should refuse enforcement of the award. It held in October 2018 that each of the grounds VCL raised to refuse enforcement failed on the merits.

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