EEEL vs Vijay Construction: Seychelles Court of Appeal to give ruling next week
The Court of Appeal expects to deliver its judgement next week on whether the foreign arbitration order for Vijay Construction to pay damages to Eastern European Engineering Limited (EEEL) is just and can be applied in Seychelles.
This is the ground of the appeal filed by the lawyers of Vijay Construction who stated that when Justice Ellen Carolus delivered her ruling on June 30, 2020, Seychelles had not yet signed the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Justice Carolus ruled for Vijay Construction to pay EEEL a little over $16.6 million plus $5 million in interest, in line with a UK court order from 2015.
EEEL, a company registered in Seychelles and a subsidiary of holding company Guta group with headquarters in Russia, hired Vijay Construction to carry out construction work on the company’s Savoy Hotel in 2011 through six contracts.
The company filed a Request for Arbitration in September 2012 before the International Chamber of Commerce in Paris and received a sole arbitrator award in November 2014.
In August 2015, EEEL was successfully granted an order from the English High Court to enforce the Award in England and Wales and to enter judgement against Vijay Construction.
In a statement to the media, Basil Horeau, representing the EEEL, said “the orders made in England were ‘Judgements’ within the definition of the Reciprocal Enforcement of British Judgement Act. In addition, that in accordance with the law it was just and convenient to have the judgement registered in Seychelles.”
Three independent judges, Justices Winston Anderson, William Young and Carl Singh, heard the arguments of both parties this week and expect to give their judgement next week.