Insights & Publications
Diversity & Inclusion
© 2022 Debevoise & Plimpton LLP
English Court of Appeal Clarifies Test for Abuse of Process in Subsequent Litigation Collaterally Challenging an Arbitral Award
28 February 2017
View Client Update
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.
Arbitration & International Disputes
Regional & Other Practices
Litigation in Europe
Commercial Arbitration in Europe
Lord Goldsmith QC
UK Modern Slavery Act Transparency Statement
Debevoise Login (2)
Debevoise Women's Review