HFW has represented Chinese steelmaker Sinocore International in successfully arguing before the UK Court of Appeal that a PRC arbitral award should be enforceable in England notwithstanding allegations of fraud.
This is possibly the first time that the Court of Appeal has had to deal with the issue of enforcing a Chinese arbitration award, the firm said. In a statement, it added: “This judgment confirms the robust pro-enforcement stance of the English court towards arbitration awards, and serves as a timely reminder, given the spectre of Brexit, of why the UK remains such a popular destination for international dispute resolution.”
In the case of Sinocore International Co. Ltd. v RBRG Trading (UK) Limited, the defendant had argued that the transaction had been ”tainted” by fraud and was therefore unenforceable on the grounds of public policy. However, this was dismissed by the High Court of England and Wales last year, with the Court of Appeal subsequently upholding the judgment.
The HFW team, led by commodities partner Brian Perrott, instructed Nick Vineall QC and Neil Henderson of 4 Pump Court. The defendant RBRG was represented by Neil Calver QC and Tom Pascoe of Brick Court Chambers, who were instructed by King & Spalding.