Publications & Events

'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.

Click here to download PDF.


This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
© 2013 White & Case LLP