03/11/10
In an important case concerning enforcement in England under the New York Convention, the Supreme Court refused to enforce an ICC award rendered in Paris for c. US$20 million. The Court gave guidelines as to the nature of the hearing on an enforcement application in England under Article V of the NYC and any discretion to be applied by an English court thereunder as well as addressing the limits and effect of Kompetenz-Kompetenz in relation to a tribunal's ability to determine its own jurisdiction.
The judgment is here.
Hilary Heilbron QC and Klaus Reichert SC appeared for the Appellant, Dallah Real Estate and Tourism Holding Company, instructed by Kearns & Co.