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Arbitration

Peremptory order — Enforcement  — Arbitral tribunal making peremptory order for payment of monetary sum against respondent — Claimants seeking to enforce order — Respondent resisting application on jurisdiction and state immunity grounds — Whether court to order enforcement — Whether application for mandatory injunction — Whether state immunity applying — Arbitration Act 1996, s 42

1 December 2015

Pearl Petroleum Co Ltd and others v Kurdistan Regional Government of Iraq [2015] EWHC 3361 (Comm);  [2015] WLR (D)  476

QBD:  Burton J 

  • 20 November 2015

An application for enforcement of a peremptory order under section 42 of the Arbitration Act 1996 was not an application for a mandatory injunction, so that section 13(2)(a) of the State Immunity Act 1978 was of no consequence in relation to such an application.

Burton J sitting in the Queen’s Bench Division so held in a reserved judgment making an order on an application under section 42 of the 1996 Act by the claimants, Pearl Petroleum Co Ltd, Dana Gas PJSC and Crescent Petroleum Co International Ltd, for the enforcement of a peremptory order made in its favour by an arbitral tribunal (Lord Hoffmann, Lord Collins and Mr John Beechy) against the respondent, th...

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