Matter
OWH SE iL v RTI Ltd & Anor (High Court (Commercial Court) [2026] EWHC 1015 (Comm))
- 25 September 2024Arbitration
25 September 2024Arbitration
LCIA tribunal award on liability
London Court of International Arbitration
- Decision summary
- The tribunal upheld the validity of OWH's Termination Notice and held RTI and Rusal liable to pay the close-out amount of approximately €214 million. It held that RTI was estopped by convention from denying valid service, could not rely on a Relevant Sanctions Event, and was contractually precluded from relying on Illegality because prompt contractual notice had not been given.
Supporting details
2 authorities · 6 participantsOWH SE iL
RTI Ltd
Rusal
London Court of International Arbitration
- Arbitrator
- Jonathan Nash KC
- Arbitrator
- Dame Elizabeth Gloster DBE
- Arbitrator
- Andrew Lenon KC
1 month and 18 days later · 48 days
- 12 November 2024Arbitration
12 November 2024Arbitration
Correction to LCIA tribunal award on liability
London Court of International Arbitration
- Decision summary
- The tribunal made a minor correction to the amount awarded on liability.
Supporting details
London Court of International Arbitration
4 months and 20 days later · 140 days
- 1 April 2025Arbitration
1 April 2025Arbitration
LCIA tribunal procedural ruling dated 1 April 2025
London Court of International Arbitration
- Decision summary
- The tribunal declined to admit the alleged textual error in the award and dismissed the application to stay or suspend the defendants' undertakings.
Supporting details
London Court of International Arbitration
1 month and 1 day later · 31 days
- 2 May 2025Arbitration
2 May 2025Arbitration
LCIA tribunal procedural ruling dated 2 May 2025
London Court of International Arbitration
- Decision summary
- The tribunal dismissed the application to defer its award on interest and costs pending determination of the section 68 challenge.
Supporting details
London Court of International Arbitration
20 days later · 20 days
- 22 May 2025Jersey
22 May 2025Jersey
Judgment of the Royal Court of Jersey in [2025] JRC 138
Royal Court of Jersey
- Decision summary
- The Royal Court rejected RTI's public-policy challenge to enforcement of the award in Jersey. It held that Article 46A of the Sanctions and Asset-Freezing (Jersey) Law 2019 was not retrospective, that no equivalent pre-existing public policy conferred immunity, and that RTI's genuine subjective belief that payment would breach Jersey sanctions was not objectively reasonable.
Supporting details
1 authority · 1 participantRTI Ltd
Royal Court of Jersey
1 month and 18 days later · 49 days
- 10 July 2025England
10 July 2025England
Order of Robin Knowles J dated 10 July 2025
High Court (Commercial Court)
- Decision summary
- The court gave OWH permission under section 66(1) of the Arbitration Act 1996 to enforce the LCIA award dated 25 September 2024 against RTI and Rusal.
Supporting details
1 authority · 4 participants1 day later · 1 days
- 11 July 2025England
11 July 2025England
Judgment of Butcher J dated 11 July 2025
High Court
- Decision summary
- The court dismissed the defendants' section 68 applications and refused an extension of time, holding that the application to the tribunal to admit an error was not an arbitral process of appeal or review and that the defendants had not shown a real prospect of proving fraud or procurement contrary to public policy. The defendants were ordered to pay costs on an indemnity basis.
Supporting details
1 authority · 1 participantHigh Court
- Judge
- Butcher J
13 days later · 13 days
- 24 July 2025Arbitration
24 July 2025Arbitration
LCIA institutional decision on challenge to tribunal appointments
London Court of International Arbitration
- Decision summary
- Professor Jan Paulsson dismissed the defendants' application under Article 10.1 of the LCIA Rules to revoke the appointments of the three tribunal members for alleged bias.
Supporting details
London Court of International Arbitration
28 days later · 28 days
- 21 August 2025England
21 August 2025England
Alternative Service Order dated 21 August 2025
High Court (Commercial Court)
- Decision summary
- The court authorised OWH to effect service by alternative methods.
8 days later · 8 days
- 29 August 2025Arbitration
29 August 2025Arbitration
LCIA tribunal second and final award on interest and costs
London Court of International Arbitration
- Decision summary
- The tribunal determined interest and ordered RTI and Rusal to pay approximately £200,000 in arbitration costs and approximately £3.6 million and €2 million in legal costs.
Supporting details
6 participantsOWH SE iL
RTI Ltd
Rusal
London Court of International Arbitration
- Arbitrator
- Jonathan Nash KC
- Arbitrator
- Dame Elizabeth Gloster DBE
- Arbitrator
- Andrew Lenon KC
2 months and 29 days later · 90 days
- 27 November 2025Jersey
27 November 2025Jersey
Judgment of the Jersey Court of Appeal dated 27 November 2025
Jersey Court of Appeal
- Decision summary
- The Court of Appeal dismissed RTI's appeal, agreeing that Article 46A was not retrospective and that there was no pre-existing Jersey public policy favouring immunity. It did not dissent from the first-instance findings on RTI's subjective belief and objective reasonableness; McCullough JA separately considered that the belief may have been reasonably held but expressed no concluded view because retrospectivity was decisive.
Supporting details
1 authority · 1 participantRTI Ltd
Jersey Court of Appeal
- Date not availableEngland
Date not availableEngland
Judgment of the High Court (Commercial Court) in the case [2026] EWHC 1015 (Comm)
High Court (Commercial Court)
- Decision summary
- The court refused Rusal's application to adjourn its application to set aside permission to enforce the LCIA award and dismissed that set-aside application. It held that Rusal had no real prospect of successfully objecting to enforcement on English public-policy grounds, notwithstanding the sanctions-immunity arguments under Jersey law and the proposed BIT arbitration. The withdrawn application to set aside the alternative service order was left with costs to be determined with consequential matters.
Supporting details
19 authorities · 10 participantsOWH SE iL
- Representative
- Richard Handyside KC (For: OWH SE iL)
- Representative
- Paul Casey (For: OWH SE iL)
RTI Ltd
Rusal
- Representative
- Fergus Randolph KC (For: Rusal)
- Representative
- Tim Taylor KC (For: Rusal)
- Representative
- Paul Wright (For: Rusal)
- Representative
- Kartik Sharma (For: Rusal)
High Court (Commercial Court)
- Judge
- Mrs Justice Dias