'Can pay, won't pay' – conditions are imposed on permission to appeal a worldwide disclosure order following adverse arbitral awards | White & Case LLP International Law Firm, Global Law Practice
'Can pay, won't pay' – conditions are imposed on permission to appeal a worldwide disclosure order following adverse arbitral awards

'Can pay, won't pay' – conditions are imposed on permission to appeal a worldwide disclosure order following adverse arbitral awards

Gloster LJ has ordered that the appellants, the losing parties in two London-seated LCIA arbitrations, pay into court the full amount of awards now worth over US$325 million as a condition of proceeding with their appeal against a worldwide disclosure order of their assets (granted by Field J earlier this year in aid of enforcement action by the respondent). The Court of Appeal's decision adds to the growing body of pro-arbitration case law and makes it clear that parties who can but won't pay unchallengeable arbitral awards granted by London-seated tribunals, and who ignore related court orders, will not be permitted to have selective recourse to the English courts.

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