United Kingdom / 15 February 2008 / England and Wales, High Court / Gater Assets Ltd v. Nak Naftogaz Ukrainiy / 2006 Folio No. 460
| Country | United Kingdom |
| Court | England and Wales, High Court |
| Date | 15 February 2008 |
| Parties | Gater Assets Ltd v. Nak Naftogaz Ukrainiy |
| Case number | 2006 Folio No. 460 |
| Applicable NYC Provisions | V |
| Source |
[2008] EWHC 237 (Comm) | online: BAILII |
| Languages | English |
| Summary | The claimant, Gater Assets Limited (“Gater”), was the assignee of an arbitration award made by the International Commercial Court in Moscow against the defendant Ukrainian company, Nak Naftogaz Ukrainiy (“Naftogaz”). It obtained an order for enforcement of the award in England under section 101 of the Arbitration Act 1996 (U.K.) (“the Act”). Naftogaz applied to have the order set aside, invoking section 103 of the Act (giving effect to Article V NYC). It argued, inter alia, that the award had been procured by fraudulent or reprehensible or unconscionable conduct, such that its enforcement would be contrary to public policy. The High Court held that there was no basis upon which to set aside the enforcement order. In so ruling, it found that nothing short of “reprehensible or unconscionable conduct” would suffice to invest the court with a discretion to consider denying to the award recognition or enforcement. That meant conduct effectively amounting to fraud, or conduct dishonestly intended to mislead. In this case, Naftogaz had not demonstrated that the award had been procured by conduct fitting such a description. |
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