English Court of Appeal Clarifies Test for Abuse of Process in Subsequent Litigation Collaterally Challenging an Arbitral Award

28 February 2017
View Client Update

Key takeaways

  • Subsequent litigation is not an abuse of process for being a collateral attack against a previous arbitral award, where the respondent to the litigation was not a party to the earlier arbitration.
  • There is a clear distinction between “participating” and “being party” to proceedings.
  • Arbitral awards do not bind non-parties, but such non-parties may be exposed to separate litigation.