Arbitration
SCM Financial Overseas Ltd v Raga Establishment Ltd [2018] EWHC 1008 (Comm), [2018] All ER (D) 57 (May)
The claimant company’s challenged to an arbitration award on the ground of serious irregularity failed. The Commercial Court held that the arbitrators’ decision not to defer issue of the award until further evidence had been available, had not amounted to a breach of their duties under the Arbitration Act 1996.
Conflict of laws
KMG International NV v Chen and another [2018] EWHC 1078 (Comm), [2018] All ER (D) 72 (May)
The first defendant had not established that England was not an appropriate forum for the trial of a claim seeking compensation in respect of the alleged unlawful dissipation of assets owned by a Dutch company, or that the Dutch courts were clearly or distinctly more appropriate than the English courts. Accordingly, the Commercial Court dismissed the first defendant’s application for a stay of the proceedings. Further, the court dismissed the second defendant BVI company’s application to set aside permission to serve it out of the jurisdiction.
