15th March 2017
In Sinocore International Co Ltd v RBRG Trading (UK) Ltd [2017] EWHC 251 (Comm) Nick Vineall KC and Neil Henderson acted for the award creditor in an application under Section 101 of the Arbitration Act 1996 to enforce a China International Economic and Trade Arbitration Commission (CIETAC) award as judgment in the Commercial Court.
The CIETAC award held that Sinocore was entitled to damages for RBRG’s breach of a sale contract in failing to provide a conforming letter of credit. The award debtor, RBRG, applied to set aside the order for enforcement on public policy grounds on the basis that Sinocore had presented fraudulent bills of lading to the issuing bank under a letter of credit and this meant the award was based on a fraud, alternatively the fraud tainted the award and the English Court should not assist a party that has committed a fraud. RBRG’s application was dismissed by Phillips J.
Read the full judgment here.
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