Arbitration and abuse of process: Michael Wilson & Partners Ltd v Sinclair
| Autor: | English, J, Hafeez-Baig, MJ |
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| Jazyk: | angličtina |
| Rok vydání: | 2023 |
| Popis: | If party A claims in legal proceedings against C, on a basis which has been decided against A in arbitration proceedings between A and B, does this amount to an abuse of process? In Michael Wilson & Partners Ltd v Sinclair & Anor , 1 the English Court of Appeal considered this issue and found that while a prior arbitral award could form the basis of an abuse of process (even where the parties were not identical), the exacting test which had to be satisfied had not been met on the facts. |
| Databáze: | OpenAIRE |
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