On 5 August 2016 Mr Justice Knowles handed down judgment re-opening a LCIA arbitration nearly 6 years after a US$28 million award. Enforcement difficulties had arisen in the PRC. The award debtors had asserted that one of the award creditors was not party to the underlying contract (and, therefore, the arbitration agreement) and enforcement in the PRC had been refused. Mr Justice Knowles extended the 30-day time limit under s. 79 of the Arbitration Act 1996 to enable the award debtors to return before the Tribunal pursuant to Article 27.1 of the LCIA Rules 1998 so as to seek correction of the ambiguity in the award. The Judge ruled that a substantial injustice would otherwise be done, because there were persuasive reasons why some form of reconsideration of the refusal of enforcement in the PRC could well be allowed.
David Lewis QC instructed by Clyde & Co LLP. appeared on behalf of the successful award creditors, Xstrata and related companies.