The Commercial Court has provided important guidance on the applicability of the Henderson v Henderson principle to arbitration proceedings, in a case in which Matthew Gearing QC appeared for the respondents: Union of India v Reliance Industries Ltd & Anor [2022] EWHC 1407 (Comm).
The court found that the Henderson v Henderson principle, namely that a party must bring the whole of its case at the appropriate time or risk being precluded from doing so later, applies to London seated arbitration proceedings.
Matthew was instructed by Allen & Overy who have produced a detailed summary of the dispute and judgment here.
The judgment can be found here.
