Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention. By Oliver E. Browne and Samuel Pape The English Court of Appeal has confirmed the enforcement of a China International Economic and Trade Arbitration Commission (CIETAC) award rendered in Beijing, … Continue Reading
By Oliver Browne and Robert Price On 6 June 2017, the High Court held that there was sufficient evidence that an award of over US$500 million in damages against the Republic of Kazakhstan may be tainted by fraud and that this should be examined at trial (Stati v Kazakhstan [2017] EWHC 1348 (Comm)). This bold, … Continue Reading
By Philip Clifford and Robert Price On 1 March 2017 the Supreme Court[1] overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting enforcement of a Nigerian arbitral award made in favour of IPCO (Nigeria) Limited … Continue Reading
By Robert Price Selecting the right seat for an arbitration is critical. The courts at the seat of the arbitration can affect the arbitral process in a number of ways, including the following Support or intervention Jurisdictions which are pro-arbitration generally allow the parties a high degree of procedural autonomy. For example, if the courts … Continue Reading
