Arbitration Links - Linklaters
  • Topic: New York Convention

English court allows challenge to New York Convention award based on contravention of public policy arising from fraud

12 July 2017 Joanne Finnegan, England & Wales

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The High Court has allowed a claim that a New York Convention award was obtained by fraud to go to trial, even though it was upheld by the seat's courts.

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UK Supreme Court on security and challenging enforcement of arbitral awards

20 April 2017 Rebecca James, England & Wales; Europe

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The UK Supreme Court has recently overturned a ruling of the Court of Appeal which effectively required the Nigerian National Petroleum Corporation (“NNPC”) to provide security as a condition to challenging the enforcement of an award on public policy grounds pursuant to section 103(3) of the Arbitration Act 1996 (the “Arbitration Act).  This decision represents the latest development in a long-running legal saga involving protracted proceedings to challenge the award in Nigeria as well as enforcement proceedings in England.

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