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