Changes

(a) Bocomm’s claim for a release from the refund guarantees was potentially a collateral attack

on the arbitration award.

(b) But Bocomm’s claim for damages (particulars of which had not been provided) would probably not amount to a collateral attack on the arbitration award, because damages against Alpha would only arise if the Chinese Court found Bocomm liable under the refund guarantees (consistent with the Tribunal’s position).

The deed of assignment provided

Teare J held that until Alpha gave such notice, no assignment took effect – and no such notice had been given. This declaration was accordingly granted.