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ARTICLE · 15 SEPTEMBER 2017

Notice Of Appointment In Arbitration - Ekran OAO v Magneco Metrel

Court considers the meaning of giving "proper notice" of arbitration proceedings

GlobalLitigation, Mediation & Arbitration

Case Alert - [2017] EWHC 2208 (Comm)

Court considers the meaning of giving "proper notice" of arbitration proceedings

The Russian claimant obtained a New York Convention award against the English defendant from a Russian arbitral body.  It was given leave by the English courts to enforce the award here. However, the defendant sought to have that permission set aside on the ground that "he was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings" (section 103(2)(c) of the Arbitration Act 1996). Blair J has now rejected that argument.

There is little English authority on the meaning of "proper notice" in this context, but the judge said it was part of the wider notion that a defendant has been unable to present its case. He accepted that there had been no specific threat of arbitration in correspondence between the parties prior to the commencement of the arbitration.

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