BSG Resources Ltd v Vale SA & Ors [2019]

BSG Resources Ltd v Vale SA & Ors [2019] EWHC 2456 — 20 September 2019 (Moulder J)

“BSGR challenged an arbitration award against it for US$1.247 billion arising out of a joint venture with Vale exploiting iron ore deposits in Guinea. The Court declined BSGR's application to set aside an order granting Vale permission to enforce the award as a judgment — or to stay the same — on the grounds that there was a presumption that enforcement could proceed notwithstanding the challenge, there was no public policy defence, the challenge (being based solely on arbitrator bias) was not one obviously going to succeed, there was no evidence that if the challenge succeeded Vale would be unable to repay, nor any other concerns militating against enforcement.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
25th September 2019