Double K Oil & Products 1996 Ltd v Neste Oil OYJ [2009] EWHC 3380 (Comm), [2009] All ER (D) 214 (Dec)
Queen’s Bench Division, Commercial Court, Blair J, 18 December 2009
Fraud has to be shown to have been committed on the part of a party to an arbitration hearing in order to found an submission that the award has been obtained by fraud contrary to s 68 of the Arbitration Act 1996.
Stewart Shackleton (instructed by Eversheds LLP) for the claimant. Rhodri Davies QC and Orlando Gledhill (instructed by Dewey & LeBoeuf LLP, New York) for the defendant.
The claimant was an Israeli company carrying on an oil trading business out of Vienna.
By a contract of October 2000, the claimant entered into a purchase agreement with a company in the Gazprom energy group.
The defendant entered into a sales agreement by which it bought the gas acquired by the claimant from Gazprom.
That agreement was subject to English law and arbitration.
A dispute arose in which the claimant alleged a breach of contract in
