Briefing note: Issue estoppel and abuse of process in arbitration enforcement proceedings

On 31 March 2020, Butcher J handed down judgment in Carpatsky Petroleum Corporation v PJSC Ukrnafta [2020] EWHC 769 (Comm). Butcher J refused to set aside an order of Knowles J recognising an SCC arbitration award, and in doing so he considered the application of issue estoppel and abuse of process to the enforcement of arbitration awards and, in particular, the different weight to be given to decisions of the curial court compared with other enforcing courts.

See here a briefing note drafted by Huw Davies QC, Felix Wardle and Mubarak Waseem. Huw Davies and Felix Wardle represented the Claimant in the case.