Arbitral Digest

Matter

BEC Limited v A2 and A1 (LCIA Case No. 153051)

Case no.
153051
Seat
England
Applicable rules
LCIA Rules
Substantive governing law
English law
  1. 3 June 2016England

    3 June 2016England

    LCIA Case No. 153051 Procedural Order No. 1

    London Court of International Arbitration

    Decision summary
    The Tribunal permitted BEC Limited and BECB to withdraw their claims, with A2 and A1's cross-claim becoming the main claim; costs concerning the withdrawn claim were reserved to the Final Award.

    Supporting details

    4 participants
    BEC Limited
    BECB Limited
    A2
    A1
    London Court of International Arbitration

    2 years, 9 months and 9 days later · 1012 days

  2. 12 March 2019England

    12 March 2019England

    LCIA Case No. 153051 Partial Award on Liability

    London Court of International Arbitration

    Decision summary
    The Tribunal concluded that no promise or common agreement required A2 and A1 to cover BECB's tax liabilities. It held that BEC Limited and BECB were not liable to indemnify those liabilities, while A2 and A1 were contractually liable to indemnify BECB, and reserved the alternative claim for the Final Award.

    Supporting details

    4 participants
    BEC Limited
    BECB Limited
    A2
    A1
    London Court of International Arbitration

    2 years, 7 months and 1 day later · 946 days

  3. 13 October 2021England

    13 October 2021England

    LCIA Case No. 153051 Final Award on Quantum (Save as to Undertakings)

    London Court of International Arbitration

    Decision summary
    The Tribunal awarded BECB US$142,943,168 for the Tax Benefit and held BEC Limited and BECB jointly and severally liable for US$6,185,886.85 in fees and disbursements and GBP 618,249.91 in arbitration costs, with specified interest.

    Supporting details

    4 participants
    BEC Limited
    BECB Limited
    A2
    A1
    London Court of International Arbitration

    7 months and 20 days later · 232 days

  4. 2 June 2022British Virgin Islands

    2 June 2022British Virgin Islands

    Judgment of the Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division) in Claim No. BVIHC (COM) 2022/0059 dated 2 June 2022

    Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division)

    Case no.
    BVIHC (COM) 2022/0059
    Decision summary
    The court refused BEC Limited's application to set aside the statutory demand served by A2 and A1 for arbitration fees, disbursements, and costs. It held that enforcement of the arbitration award did not offend the revenue rule, the Company did not satisfy the Sparkasse Bregenz test, and the award itself was sufficient evidence of an undisputed debt under the Insolvency Act 2003.

    Supporting details

    18 authorities · 8 participants
    BEC Limited
    Representative
    Phillip Riches QC (For: BEC Limited)
    Representative
    Olga Osadchaya (For: BEC Limited)
    A2
    Representative
    Timothy de Swardt (For: A2 · A1)
    Representative
    Merrick Ricardo Watson (For: A2 · A1)
    A1
    Representative
    Timothy de Swardt (For: A2 · A1)
    Representative
    Merrick Ricardo Watson (For: A2 · A1)
    Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division)

    Authorities cited

    18
    • Insolvency Act 2003
      statute
    • Insolvency Rules 2005
      procedural rule
    • CPR Part 20
      procedural rule
    • CPR Part 26
      procedural rule
    • Contracts (Rights of Third Parties) Act 1999
      statute
    • Sparkasse Bregenz
      case
    • Goods Technology Starting International Ltd and another v Geminis Investors Ltd
      case
    • Re Capital WW Investment Ltd
      case
    • Webb v Webb
      case
    • Government of India v Taylor
      case
    • Planche v Fletcher
      case
    • Holman v Johnson
      case
    • Lever v Fletcher
      case
    • In re Lord Cable, deceased
      case
    • Gregson v Meribelle Investments Ltd
      case
    • West Bromwich Commercial Ltd v Hatfield Property Ltd
      case
    • QRS 1 ApS v Fransden
      case
    • Dicey, Morris and Collins on the Conflict of Laws
      treatise
  5. Date not availableEngland

    Date not availableEngland

    Order of the English Commercial Court extending time to challenge the award

    English Commercial Court

    Decision summary
    The English Commercial Court granted BEC Limited an extension of time to challenge the LCIA award.

Matter record

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BEC Limited v A2 and A1 (LCIA Case No. 153051) · Matter