Prior Arbitral Award – Abuse Of Process?

Prior arbitral award – abuse of process

RPC review the English Court’s 2017 decision in Michael Wilson & Partners Limited v Sinclair and others [2017] EWCA Civ 3, a case which demonstrates the interplay between arbitration and litigation, considering whether legal proceedings commenced by A against C are an abuse of the court’s process where arbitration proceedings between A and B have decided the issue in question. The authors observe that as well as serving as a useful review of the case law relating to the doctrine of abuse of process, the case has confirmed that in rare instances a court may strike out proceedings for abuse of process where a previous decision was made in an arbitration and demonstrates the importance of ensuring that all relevant parties fall within the ambit of a dispute resolution clause.

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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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