The Business Law Reports
[2020] Bus LR 2197
Queen’s Bench Division
Alexander Brothers Ltd (Hong Kong SAR)
v
Alstom Transport SA and another
[2020] EWHC 1584 (Comm)
2020 May 13, 14;June 18
Cockerill J
Arbitration— Award— Enforcement— Claimant commencing ICC arbitration seated in Switzerland to recover sums said to be owed by defendants under consultancy agreements— Defendants relying on bribery as justification for refusal to pay sums— Bribery issue broadly identified in award but defendants’ evident failure to meet high standard of proof imposed by Swiss law making full consideration of evidence pointless— Defendants in reliance on bribery allegation resisting enforcement of arbitration award in England and Wales on public policy grounds— Whether court precluded from considering bribery because issue already determined by tribunal— Whether issue to be treated as not having been determined because of significantly lower standard of proof applicable under English law— Whether defendants having good reason for not fully raising issue before tribunal— Whether exceptional circumstances based on wrongdoing allowing defendants to raise bribery issue—
Arbitration Act 1996 (c 23), s 103(3)
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