Parallel Court And Arbitration Proceedings: English Court Clarifies Service Of Defence Pending Appeal Does Not Constitute Step

Parallel court and arbitration proceedings English High Court grapples with further case management issues in Panama Canal dispute

Herbert Smith Freehills review a decision from the English Court in Autoridad del Canal de Panama v Sacyr, S.A. & Ors [2017] EWHC 2337 (Comm), concerning a failed application to stay English court proceedings brought in a dispute in which related ICC arbitration proceedings are also on foot (see HSF’s earlier blog post). In this post, HSF considers a subsequent judgment where the Court considered further the practical implications of the parallel proceedings, rejecting the Consortium’s application for permission to appeal the decision refusing to grant a stay under s9 of the Arbitration Act 1996 and refusing to stay the proceedings pending an application to the Court of Appeal for permission to appeal. 

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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