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James Hatt (instructed by Ross & Co LLP) for Bank of Communications Co Ltd, Qingdao Branch, Respondent
'''BACK-DATED SHIPBUILDING CONTRACT: REFUND GUARANTEES: ARBITRATION PROCEEDINGS: ACTION COMMENCED IN CHINESE COURTS BY A PARTY TO THE ARBITRATION AGREEMENT: BREACH OF ARBITRATION AGREEMENT:WHETHER AN ANTI-SUIT INJUNCTION SHOULD BE ISSUED:: WHETHER CHINESE PROCEEDINGS A COLLATERAL ATTACK ON ARBITRATION AWARD'''
'''Summary'''
(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.
