Arbitration Links - Linklaters
  • Topic: Public Policy

New Ruling by the Madrid High Court of Justice: Arbitration and Public Policy

10 August 2018 Emma Morales, Europe; Spain

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On 5 April 2018, the Civil and Criminal Chamber of the Madrid High Court of Justice (Tribunal Superior de Justicia de Madrid, TSJM) set aside an arbitral award as contrary to public policy, because the challenged award contained “an unreasonable assessment of the evidence and unreasonable failure to apply applicable rules”.

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Enforcement of specific performance awards against sovereign states

12 July 2018 Akshay Sewlikar, India; North America

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A decision of the United States (the “US”) District Court for the District of Columbia (the “Court”) has brought issues around enforcing awards of specific performance into the spotlight. The Court refused to enforce a UNCITRAL award for specific performance obtained by Scottish oil and gas company, Hardy Exploration and Production (India) (“HEPI”), against the Government of India (“GoI”) as being contrary to public policy. This case is the latest in a long-running series of oil disputes involving the GoI, which has been involved in arbitrations relating to 22 out of its 310 production sharing contracts between 2001 and 2015.

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English Court of Appeal considers “public policy” exception to enforcement of an Award

29 May 2018 Mikhail Vishnyakov, England & Wales; Europe

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In RBRG Trading (UK) Limited v Sinocore International Co Ltd [2018] EWCA Civ 838 an Award debtor (“RBRG”) argued that enforcement of an international arbitration award (an “Award”) under the New York Convention would be contrary to English “public policy”.

Finality is one of the key advantages of arbitration. However, if enforcing an Award would offend English public policy then enforcement may be refused by the English Courts. For example, Awards obtained by perjury or fraud can be susceptible to challenge. If an Award is otherwise tainted by illegality (for example, if the underlying contract is illegal), its enforcement may also offend English public policy. The determination of illegality and its effect on enforcement is a matter on which judicial guidance is always welcome.

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Adopting a compliance approach to fight corruption and protect investments

30 November 2017 Christian Albanesi; Adam Lurie; Caitlin Potratz, England & Wales; Latin America; North America

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At the 15th annual International Chamber of Commerce’s (ICC) Miami Conference earlier this month, one of the programme’s top-line issues for discussion was the matter of a “compliance” approach to arbitration. Here, Christian Albanesi (Head of Latin American Arbitration), Adam Lurie (US Head of Litigation and Government Investigations), and Caitlin Potratz (Senior US Associate), outline their stance on the topic.  

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A heightened level of review of arbitral awards in the context of money laundering allegations

11 April 2017 Johanne Brocas, Europe; France

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The Paris Appeal Court has annulled an arbitral award rendered against the Kirghizstan Republic for violation of the BIT between Latvia and Kirghizstan on the ground that the enforcement of the award in France would result in allowing the investor to benefit from fraudulent money laundering activities.

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